§ Dr. IddonTo ask the Parliamentary Secretary, Lord Chancellor's Department if she will make a statement on the draft guidance to doctors "Withholding and Withdrawing Life-Prolonging Treatments: Good Practice in Decision Making", in particular the recommendation that a junior doctor be removed from the care of a patient should they have a conscientious objection to ending a patient's life by withholding fluids. [67211]
§ Ms Rosie WintertonIt is not appropriate for me to make a statement on the draft guidance "Withholding and Withdrawing Life-Prolonging Treatments: Good Practice in Decision-Making" which has been recently issued by the General Medical Council. My officials are currently considering this guidance and in the meantime, I would welcome the comments of the General Medical Council on the Government's current consultation paper "Making Decisions: Helping People who have Difficulty in Deciding for Themselves".
1302W2002–03 and magistrates courts committees have been given nearly £10 million extra from April 2002, ring-fenced for enforcement purposes. We will monitor the position carefully to check that performance improves.
§ Mr. DrewTo ask the Parliamentary Secretary, Lord Chancellor's Department with reference to consultation on "Making decisions: helping people who have difficulty in deciding for themselves", what legal advice is available to patients faced by a doctor's decision to withhold food or fluid. [70171]
§ Ms Rosie WintertonThe current legal position, and the advice available, is set out in the consultation paper referred to by my hon. Friend. Usually agreement can be reached between health care professionals, the patient and people close to the patient about the best treatment and whether treatment should be continued. Artificial hydration and nutrition can only be withdrawn if that is clearly in the patient's wishes or, in circumstances where the patient is unable to give consent, if receiving it is no longer in his or her best interests. Where the patient is in a persistent vegetative state, authorisation must also be sought from the court. If there is doubt in a particular case, the court may be asked to decide what is in the patient's best interests. In such cases, where the patient lacks capacity to be able to instruct his or her own solicitors, the Official Solicitor will be appointed to act on the patient's behalf.
§ Dr. IddonTo ask the Parliamentary Secretary, Lord Chancellor's Department whether it has been assumed that ending the life of a patient on grounds of poor quality is standard practice in her consultation on "Withholding and Withdrawing Life-Prolonging Treatments: Good
1303WPractice in Decision Making"; and for what reason those consulted have not been asked for their opinions on this. [67210]
§ Ms Rosie Winterton"Withholding and Withdrawing Life-Prolonging Treatments: Good Practice in Decision Making" has recently been produced by the General Medical Council, not by my Department. My Department is however consulting on guidance explaining mental incapacity issues in "Making Decisions: Helping People who have Difficulty Deciding for Themselves". This consultation paper reflects our view that decision-making relating to withdrawal of medical treatment which may lead to the death of a patient is a most sensitive area of medical practice and must be carried out according to strict guidelines and procedures. The draft guidance contained in my Department's consultation paper refers readers to guidance produced by the British Medical Association and by the General Medical Council which assist in promoting high-quality decision-making in this difficult area. The Government welcome responses on all issues addressed in the consultation paper and these will be thoroughly considered and will inform the guidance leaflets when they are published later this year.