§ Mrs. Ann WintertonTo ask the Secretary of State for Health if he will list the differences between his policies in relation to the removal of assisted nutrition and hydration from(a) patients in persistent vegetative state and (b) other mentally incapacitated patients; what plans he has for changes to the law or practice in relation to such matters; and if he will make a statement. [96518]
§ Mr. HuttonThe removal of artificial nutrition and hydration is in all cases a matter of clinical judgment which is undertaken in accordance with professional advice provided by a responsible and recognised body of medical opinion and the general law. There are no plans to change the law in this respect.
§ Mrs. Ann WintertonTo ask the Secretary of State for Health if he will estimate the numbers of mentally incapable adults in(a) Scotland and (b) the rest of the United Kingdom in each of the last three years whose death could have been brought about by the removal of artificial nutrition and hydration if such removal were legally sanctioned (i) without recourse to the courts for such patients not in persistent vegetative state and 104W (ii) through recourse to the courts for such patients in persistent vegetative state; and if he will estimate how many and what percentage of those patients in each year would (1) have issued an advance directive requesting such a recourse of action and (2) have such nutrition and hydration removed without their own express request. [96521]
§ Mr. HuttonThe information requested is not available centrally.
§ Mrs. Ann WintertonTo ask the Secretary of State for Health what the basis is for the distinction he makes between advance directives and advance refusals in respect of patients in persistent vegetative state or otherwise mentally incapacitated. [96522]
§ Mr. HuttonAdvance Statements are anticipatory decisions made while a person is capable, which are intended to give effect to that person's wishes as to how he or she shall be treated or cared for after the loss of capacity. An advance statement can be concerned with the refusal of medical treatment and are then sometimes known as advance directives.
§ Mrs. Ann WintertonTo ask the Secretary of State for Health what plans he has to introduce legislation defining assisted food and fluid as treatment which may be withdrawn from patients with mental incapacities other than persistent vegetative state; and if he will make a statement. [96519]
§ Mr. HuttonWe have indicated that we intend to introduce a provision on Continuing Powers of Attorney (CPA) when parliamentary time allows such legislative changes.
It is a general principle of law and medical practice that all adults have the right to consent to or refuse medical treatment. The CPA is a method by which adults can continue to ensure that their views are respected in decisions concerning their welfare when they can no longer take, or communicate, those decisions themselves. A CPA therefore would allow an attorney to make decisions on behalf of the person without capacity about the withdrawal of artificial nutrition and hydration but only if the person has specifically given authority to do this in the CPA. Where decisions need to be taken in such cases, the healthcare team and attorney should do so in the best interests of the individual concerned.