Did you know that, if you become incapacitated and are alone in the world, the Bill would allow a stranger to inform your doctor that your likely wishes would have been to have artificial nutrition and hydration withheld or withdrawn?

Did you know that someone you appoint as an attorney would be able to refuse artificial nutrition and hydration on your behalf?

Did you know that, whether you make out a written advance decision or appoint an attorney, you would not be able to differentiate between artificial nutrition and hydration and other life-sustaining treatment?

Did you know that, for the first time in statute law, the Bill would allow non-therapeutic research on people who cannot give their consent?

The Bill says:

'An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests.' (clause 1(5))

But the Government said the following about research:

'…The purpose of Clauses 30 to 33 is to make provision for acts in connection with research that cannot necessarily be shown precisely to coincide with the person's best interests. It may be that the research procedure involves different or additional approaches to a person's care, which might not meet a narrow assessment of best interest.…' (Hansard, Lords, 1st Feb 2005: Col 135)

'…This all means that it is clear that the provisions relate to scientific, health or social care research in the full sense of those terms…' (Hansard, Lords, 1st Feb 2005:Col 134)

'…To give an idea of the context in which we are arguing, let us consider an example that has been used in another place of a researcher who may want to observe how a person with learning disabilities solves an abstract puzzle. He or she may need to do so in a way that means the person is not distracted by the presence of the researcher. To achieve that a two-way mirror may be used. That might be said to be a minimal interference with the person's right to privacy....' (Hansard, Lords, 1st Feb 2005: Col 169)

However, the Nuremberg Code says the following about reseach:

'The voluntary consent of the human subject is absolutely essential.'

This means that the person involved should have legal capacity to give consent; should be so situated as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, over-reaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved, as to enable him to make an understanding and enlightened decision. This latter element requires that, before the acceptance of an affirmative decision by the experimental subject, there should be made known to him the nature, duration, and purpose of the experiment; the method and means by which it is to be conducted; all inconveniences and hazards reasonably to be expected; and the effects upon his health or person, which may possibly come from his participation in the experiment.

The duty and responsibility for ascertaining the quality of the consent rests upon each individual who initiates, directs or engages in the experiment. It is a personal duty and responsibility which may not be delegated to another with impunity.' (Nuremberg Code, paragraph 1)