§ Dr. Lynne JonesTo ask the Secretary of State for Health if he will make a statement on the prosecution of Reginald Dixon for illegally performing an abortion on Barbara Whiten; and whether, following this case he has any plans to introduce new guidelines or bring forward legislation to clarify patients' rights. [8704]
§ Mr. HoramWe have no plans to introduce legislation in this area. A patient has the right under common law to give or withhold consent prior to examination or treatment. However, in an emergency when a patient is not in a position to express her consent or refusal, a doctor may act without consent when he or she reasonably believes that it is in the best interests of the patient to do so. Guidance on consent for examination or treatment was issued to the national health service in 1990. I understand that the Royal College of Obstetricians and Gynaecologists is considering the implications of the recent case for best professional practice.