Mental Capacity Bill
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Tony Blair's position

Taken from Hansards Q1. [204681]15th December 2004.

Angela Watkinson (Upminster) (Con):

 The Prime Minister (Mr. Tony Blair):[photo Mr Tony Blair]

If he will list his official engagements for Wednesday 15 December. This morning I had meetings with ministerial colleagues and others. In addition to my duties in the House, I will have further such meetings later today.
Yesterday, the Prime Minister refused to allow a free vote to his colleagues on the Mental Capacity Bill. Why did he not vote himself? start quoteWell, I do not always vote on measures, but of course I supported the Government's position. I will explain why I did not feel that it was right to have a free vote on the issue. I understand that there are strong feelings on both sides of the House on the issue, but there are also very important public policy considerations. Just as we must ensure that we protect people and their interests properly—the amendments that we will table in the House of Lords will see to that—it is also important that we do not end up in a situation in which doctors and consultants are confused about the law and may lay themselves open to prosecution in circumstances in which no sensible person would want that to
happen.
end quote

Mr. John McFall (Dumbarton) (Lab/Co-op)

Despite the welcome engagement between the Lord Chancellor and His Grace Archbishop Peter Smith on the issue of euthanasia by omission, including food and fluid, there is still a concern on the part of a number of Members on this issue. Can the Government give us an assurance that they will embrace the spirit of new clauses 1 and 2, for which I did not vote? To ensure that we bring clarity and sense to such a complex and sensitive issue, will the Prime Minister meet a delegation of concerned Members so that we get on the statute book a very welcome and appropriate Mental Capacity Bill?

start quoteDespite the welcome engagement between the Lord Chancellor and His Grace Archbishop Peter Smith on the issue of euthanasia by omission, including food and fluid, there is still a concern on the part of a number of Members on this issue. Can the Government give us an assurance that they will embrace the spirit of new clauses 1 and 2, for which I did not vote? To ensure that we bring clarity and sense to such a complex and sensitive issue, will the Prime Minister meet a delegation of concerned Members so that we get on the statute book a very welcome and appropriate Mental Capacity Bill?

The Prime Minister: I should thank my right hon. Friend for the very reasonable way that he puts his point and say that I would of course be happy to meet him and his colleagues. Importantly, the Making Decisions Alliance said yesterday—it is an alliance representing some 40 charities whose words should at least carry some weight for us—

"the Bill could finally give those we work with real control over their day to day lives . . . All of this could be lost if the Bill is sabotaged by misplaced fears about euthanasia".

There is obviously an issue of concern and this is what the Catholic Archbishop raised with me yesterday. We will do everything we can to meet that concern and make sure that we avoid any doubt about the purport of the Bill, but let us be quite clear. What is right is to make it clear that someone's life cannot be ended intentionally. That must be right. I hope, though, that the whole House understands that what would be wrong—this is what we were advised that the amendment that we voted against yesterday would do—would be to end up in a situation where the Tony Bland 1judgment was overturned. That would be very damaging for relatives, for individuals and for the medical profession. So we need to make sure that we take account of the very sensible points that have been made by my right hon. Friend, but that we do not end up giving ourselves, and indeed the medical profession, a serious public policy problem. That would be wrong and I could not endorse it.end quote

Column 1664

1TONY BLAND'S LIFE WAS ENDED INTENTIONALLY.

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