It was pleasing to see the publication of the Draft Mental Incapacity Bill in June 2003. The general aim of the Draft Bill is to be welcomed because it is a much needed update to the 1959 and 1983 Mental Health legislation. The Bill proposes to reform the law in order to improve and clarify the decision making process for those over the age of sixteen, unable to make decisions for themselves. This had been pressed for by many voluntary organisations and professional organisations such as the Law Society, the British Medical Association, the Alzheimer’s Society and MENCAP following consultation by the Law Commission in the 1990s and the publication of the Government’s policy statement, Making Decisions in 1999.

The Draft Bill was published to enable it to be subjected to pre-legislative scrutiny, which Lord Filkin stated would “give us [Parliament] a good opportunity to consider questions and listen to people’s views on the draft legislation.” Pre-legislative scrutiny of any Bill can be helpful, as it leads to sounder legislation being put before Parliament, in the first instance, and puts an end to vast swathes of legislation, including this piece, being re-written in the House of Lords. I believed that as soon as Parliamentary time permitted the Draft Bill would be laid before Parliament, but that is not the case. As I listened to the Queen’s Speech last Wednesday, it became apparent that the Bill had been omitted from this coming year’s legislative programme.

Such a Bill partly reflects the intensive campaigning undertaken by those people with dementia, along with their carers, who need better legal rights, and deservedly so, to be involved in making decisions about their health and welfare. The Bill strengthens the rights of carers to be involved in decision-making with regards to the health and welfare of an individual, because at the present time there isn’t that framework in place to allow an individual to appoint someone to make those decisions on their behalf. Considering that the Government published the Draft Mental Incapacity Bill back in June, I think that the failure of this Government to include it in the recent Queen’s Speech, will unfortunately lead to those individuals who have mental health problems to become stigmatised. Legislation is desperately needed to protect these people’s rights as well as their access to treatment and the Government has let them down.

It is pleasing to see that the Draft Bill allows for those individuals, should they become temporarily or permanently incapable of making their own decisions, to nominate someone to have Lasting Power of Attorney. The nominee would be able to make decisions for them about their personal health and welfare in the event that they are no longer able to make those decisions for themselves. This is a vast improvement on the current system of Enduring Power of Attorney. This change is pleasing but it is extremely important that safeguards are put into place to ensure that this power is not abused.

The Bill also seeks to clarify the law in relation to advance decisions of individuals to refuse treatment, which is often referred to as Living Wills. I am somewhat concerned with this part of the legislation and would like to see it omitted. This is euthanasia through the back door. The right of individuals to choose whether to consent to medical treatment is fundamental. However I do believe that we, as a legislature, have a responsibility to protect the interests of those individuals who may be permanently, or temporarily, incapable of making decisions for themselves. I therefore hope that when the legislation eventually comes before Parliament, it fully protects the welfare and interests of those vulnerable individuals. At the moment the Bill does not distinguish between clearly thought out advance directives and more vaguely expressed general wishes. This ambiguity will inevitably lead to abuse. Furthermore, I believe that the Bill should allow for more scope for medical judgement and flexibility in any decision taken on behalf of a patient about the continuation or withdrawal of life sustaining treatment.

Mental illness has been has been at the top of the Conservative Party’s health agenda for some time. With one in four of us likely to experience mental health problems at some point in our lives it is essential that it is tackled. I and many others were surprised and disappointed that the Government after taking widespread soundings had not come up with a Mental Health Bill that reflects the concerns of all interested parties. The Party plans to put forward its own Mental Health Bill, as a Private Member’s Bill, which will build on the best bits of the Government’s Draft Mental Incapacity Bill whilst dropping the measures on coercion.

Amended the Draft Mental Incapacity Bill will deliver real and significant benefits to those individuals with mental illness and their carers. I hope that time is found to debate the Bill. If it isn’t the publishing of the Draft Bill, which was widely welcomed by numerous organisations; including the Alzheimer’s Society and MENCAP, will have been a waste of time, money and most importantly the hopes of those individuals with mental illness and their carers. We believe that those with mental health problems deserve to be treated with humanity. Mental health as issue has been overlooked and for far too long that fact is reflected in the often Cinderella inadequate services that are offered to sufferers. This is a serious and growing problem. There are any number of organisations who have excellent ideas to address the crisis that there is in lack of support. Urgent action is needed now and that is what the Conservative Party intends to press for.