PARLIAMENTARY EARLY DAY MOTION
MENTAL CAPACITY BILL (7 December 2004)

That this House notes the most recent report from the Joint Committee on Human Rights which is severely critical of sections of the Mental Capacity Bill; notes in particular the criticism of those sections dealing with the withholding and withdrawing of life-sustaining treatment and of assisted food and fluids; further notes the conclusion that the presumption in favour of life-sustaining treatment in relation to the withdrawal of assisted food and fluids is not sufficiently strong in the Bill to satisfy the requirements of the European Convention on Human Rights (Articles 2, 3 and 8); believes that it would be disastrous if the Bill, which has the laudable aim of seeking to transform the lives of mentally incapacitated individuals and their carers, were to become a vehicle for the introduction of euthanasia; regrets that, despite Government assurances, the declaratory provision in Clause 58 that nothing in the Bill is to be taken to affect the law relating to murder, manslaughter and suicide is not sufficient to rule out the threat of euthanasia by omission posed by the Bill; and calls upon the Government to take note of the report from the Joint Committee on Human Rights and to amend the Mental Capacity Bill to make it clear that it gives no statutory authority to any decision made with a purpose of bringing about the death of the person about whose personal welfare the decision is made.

Sponsored by:
Sir Iain Duncan Smith (Conservative)