HC Deb 25 November 2002 vol 395 c143W
Tim Loughton

To ask the Secretary of State for Health if he plans to give legal status to advance statements for people with severe mental illness. [83305]

Jacqui Smith

Following consultation on the Draft Mental Health Bill we are considering how to ensure that, wherever possible, patient's views are taken into account while they are being treated under compulsory powers, whether expressed in an advance statement or in any other way.

In the policy document 'Making Decisions' the Government said, a clear statement of the present legal position concerning advance statements would be helpful to lawyers, doctors and patients.

This would affect many other patients including those with severe mental illness treated voluntarily, who for whatever reason, lose the ability to make their own decisions. An Incapacity Bill will be introduced as soon as Parliamentary time allows.