Early day motion tabled by primary sponsor Nicholas Winterton (Conservative), on Friday, 30 June 1995, in the House of Commons. It is signed by 24 members in total.

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ADVANCE DIRECTIVES, EUTHANASIA AND MEDICAL ETHICS

That this House notes that in evidence to the House of Lords Select Committee on Medical Ethics the British Medical Association opposed legally binding living wills/advance directives; notes that because of potential misunderstandings, unreported changes of mind and pressures from doctors, relatives and legatees this view is shared by doctors from the hospice movement and other medical disciplines caring for the aged; notes the BMA Ethics Committee nevertheless has published a document accepting living wills as legally binding, warning that doctors declining to abide by them risk charges of assault although such directives may only be signed pre-printed cards, smart cards, or notes recorded in patients' files; notes that although that document has not been discussed by its Annual Conference, a BMA adviser on medical ethics writes in the British Medical Journal of 24th June that even 'conversational oral statements', such as conversing before television, are open to debate and that medical bodies should consider the conditions under which these should be binding; notes the disingenuity of claims by the Parliamentary Under Secretary of State that the Government is opposed to legalising euthanasia whilst asserting that living wills are legally binding in common law; invites the honourable Member for Bolton West to provide the House and the Lord Chancellor's Committee considering the Government's response to the flawed Law Commission Report on Mental Incapacity, with details of the authority for that assertion by listing each court decision in which an advance directive was held to be legally binding.

Amendments

The Early day motion has received an amendment.

ADVANCE DIRECTIVES, EUTHANASIA AND MEDICAL ETHICS (1335A1)

The Early day motion has received an amendment sponsored by Piara S Khabra (primary, Labour) and tabled on Monday, 3 July 1995. It has been signed by 12 members in total.

leave out from 'Association' to end and add 'strongly supported the principle of valid advance directives which represent patients' considered and informed wishes; notes the growing legal opinion that advance directives have become legally binding on doctors in common law if certain conditions are met; recognises that the British Medical Association supports limited legislation proposed by the Law Commission but is not seeking to extend the law; notes the British Medical Association's obligation to ensure that its members are aware of the current law and welcomes its publication of Code of Practice on Advance Statements following consultation with the Law Commission of England and Scotland, the Official Solicitor in England and Northern Ireland and the Law Society; notes that there is no legal requirement that binding advance directives must be written rather than witnessed oral statements; and notes that the overwhelming majority of published legal opinion, including that issued by the Lords in the Tony Bland case, confirms that informed and competent advance directives can be legally binding whether or not legislation is introduced.'.

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Secondary information

Type

Early day motion

Reference

1335 

1335A1 

Session

1994-95

Subjects

Consent to medical treatment Ethics Euthanasia

Link

View this Early day motion on www.parliament.uk