Sir, Loss of capacity to make our own decisions is amongst the worst fates that can befall us and key issues for people in this position arise in the Mental Capacity Bill, with its third reading on Tuesday. The Church of England welcomes the Bill’s attempt to provide a consistent framework of decision-making for those without capacity. The Bill maximises the possibility of them making decisions for themselves, and enacts the overriding principle that those who decide for them must act in their best interests and with the least restrictive effects.

Last year the Church of England and the Roman Catholic Church expressed concern that no steps should be taken towards the legalisation of euthanasia. The Church of England welcomes the explicit declaration now in the Bill that it does not change the law on murder and suicide, as well as the strict limitations placed on the applicability of advance decisions to allow for changes in patients’ wishes or in their circumstances.

Nevertheless, some difficulties remain with the withholding or withdrawing of assisted feeding and hydration. The Church of England has been in touch with MPs about amending the Bill by including a presumption in favour of continuing life-sustaining treatment while not requiring it in inappropriate circumstances. If such clarifications can be put in place we would conclude that the Bill’s safeguards in this area are probably satisfactory.

Some think that the protection of the vulnerable has been weakened by reducing “best interests” to whatever a person or their chosen decision-maker might stipulate arbitrarily. However, the Bill provides that in determining best interests account must be taken of all relevant circumstances, which is an objective test, embracing many rights and duties currently recognised in common law. The Church of England would welcome any amendments which would confirm the robustness of this test.

This Bill deals with complex and difficult issues on which morally sensitive people can disagree. We believe that Parliament should endorse its overall purpose while continuing to examine its detailed provisions.

Yours faithfully,
CHRISTOPHER ST ALBANS,
Abbey Gate House,
St Albans, Hertfordshire AL3 4HD.
December 13.

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