§ Lord Alton of Liverpoolasked Her Majesty's Government:
Whether there are any differences between their policies in relation to the removal of assisted nutrition and hydration from (a) patients in persistent vegetative state; and (b) other mentally incapacitated patients; and whether they have any plans to propose changes to the law or practice in relation to such matters. [HL4466]
§ Lord Hunt of Kings HeathThe 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.
§ Lord Alton of Liverpoolasked Her Majesty's Government:
Whether (a) they have any plans to change their policy not to enshrine in statute law the judgment in Airedale NHS Trust v Bland (1993) in relation to the definition of assisted food and fluid as treatment and the removal of tubal feeding from Mr Tony Bland, or (b) they intend to introduce legislation defining assisted food and fluid as treatment which may be withdrawn from patients with mental incapacities other than persistent vegetative state. [HL4467]
§ Lord Hunt of Kings HeathThere are no plans to enshrine this judgment in statute law. The Government have indicated that they 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.
§ Lord Alton of Liverpoolasked Her Majesty's Government:
What estimate they have made of the annual numbers of mentally incapable adults in (a) Scotland and (b) the rest of the United Kingdom whose death could be brought about by the removal of artificial nutrition and hydration if such removal were legally sanctioned (a) without recourse to the courts for such patients not in persistent vegetative state and (b) through recourse to the courts for such 123WA patients in persistent vegetative state; and how many and what percentage of those patients they estimate each year would (a) have issued an advance directive requesting such a course of action or (b) have such nutrition and hydration removed without their own express request. [HL4468]
§ Lord Hunt of Kings HeathThe information requested is not available centrally.