The Mental Capacity Bill - legalising euthanasia by neglect


The Mental Capacity Bill, introduced into Parliament by the Government on 18 June, will legalise euthanasia by neglect

Patients with conditions like dementia, stroke or brain injury are most at risk. They may be killed by withholding their basic medical care or even food and fluids, if the Bill goes through. Euthanasia by neglect means deliberately killing patients by withholding or withdrawing reasonable medical treatment or basic care (such as food and fluids given by tube). The worldwide euthanasia movement has declared that the legalisation of euthanasia by neglect is one of its key goals in its campaign to legalise euthanasia by lethal injection.

Any alleged benefits of the Bill pale in comparison with the evils it legalises. The Government claims that the Bill gives people a greater say in how they will be treated if they have a disease or accident that prevents them from making decisions about their lives. In reality, the Bill:
  • will mean thousands of patients dying for want of ordinary treatment. 'Treatment' under the Bill is defined as "includ[ing] a diagnostic or other procedure" (section 60). This would include tube-feeding, giving sedatives or pain-killers, and possibly spoon-feeding and turning patients to prevent bedsores. (Food and fluids delivered by tube is not "life-support" or "medical treatment" but basic care.)
  • creates government-appointed "independent consultees" who will have power to tell NHS doctors not to give life-saving treatment to incapacitated patients (sections 34-39).
  • would make advance decisions ("living wills") legally binding, including those with a suicidal intent (sections 24-29) - a long-standing objective of the Voluntary Euthanasia Society and the worldwide euthanasia movement.
  • undermines doctors' common-law duty to protect the life and health of patients - doctors who insist on treating patients properly could be charged with criminal offences (explanatory notes to section 26).
  • undermine patient's clinical best interests - i.e. health - by prioritising subjective, non-clinical considerations such as "wishes and feelings" (section 4)

The present government says it is against euthanasia. But it makes a qualification. While it claims to oppose the idea of active euthanasia - such as lethal injections - it supports changing the law to allow euthanasia 'by neglect'.

Four key facts about the Mental Capacity Bill

1. Leading experts oppose the Bill because it means legalised killing

Leading human rights lawyer Richard Gordon QC has concluded that the draft Bill was incompatible with the European Convention on Human Rights. "The obvious scope for treating vulnerable persons contrary to their best interests in [the Bill] and in a way which deprives them of life is considerable." Dr. Jacqueline Laing, D.Phil (Oxon.), senior lecturer in law at London Metropolitan University has concluded that the revised Bill "entrenches involuntary 'slow euthanasia' - a sanitised form of homicide - in hospitals".

Dr. Philip Howard, a senior lecturer in medicine in London and consultant physician, has predicted that conscientious doctors and nurses will be criminalised or forced to leave their profession if they continue present practices that save the lives of suicidal patients.

Dr John Fleming, director of the Southern Cross Bioethics Institute and a foundation member of UNESCO's International Bioethics Committee, has predicted that a demand for euthanasia by lethal injection would be created by the horror of the long, drawn-out deaths by dehydration permitted under the Bill.

2. The euthanasia lobby supports the Bill

The Voluntary Euthanasia Society (VES) welcomed the draft Bill, so it is not only opponents of euthanasia who believe that it promotes euthanasia. It is no coincidence that "living wills" - a key part of the Bill called "advance decisions" - were invented by the euthanasia movement in the late 1960s; the VES is the UK's leading promoter of "living wills". The Bill would make advance decisions legally-binding, including suicidal ones. The worldwide euthanasia movement has declared that the legalisation of euthanasia by neglect is one of its key goals in its campaign to legalise euthanasia by lethal injection: "If we can get people to accept the removal of all treatment and care--especially the removal of food and fluids--they will see what a painful way this is to die and then, in the patient's best interests, they will accept the lethal injection" (Dr Helgha Kuhse, then president of the World Federation of Right-to-Die Societies, 1984)

The joint parliamentary committee which endorsed the draft Bill last year also endorsed the notion of a "right to die". The committee was stacked with the government supporters as well as members with close ties or official links with organisations supporting the Bill.

Among the Bill's supporters, many support a "right to die", in particular Patient Concern, led by senior Voluntary Euthanasia Society veteran activist Roger Goss.

3. The "safeguards"in the Bill will be ineffective

The Bill as presented is substantially more dangerous than the draft version. Promised so-called "safeguards" made to the Bill will be ineffective: "[The draft bill] not only lacks sufficient safeguards to prevent harm or abuse to patients, it is difficult to see what safeguards might be of any use" (Dr John Fleming). They will be flouted, just as the "safeguards" in the Abortion Act which are routinely flouted, allowing abortion on demand.

4. Disability rights groups oppose the Bill

Several organisations representing people with learning disabilities opposed the draft Bill:
  • "Values into Action believes that the draft Mental Incapacity Bill...far from protecting vulnerable people actually substantially increases their vulnerability...";
  • "Changing Perspectives have concerns that the Mental Incapacity Bill will violate the fundamental rights of people without perceived capacity"
  • "People First do not like this Bill because it will take away our independence and break our human rights.... If the draft Mental Incapacity Bill becomes law it will be a very big step backwards for people with learning difficulties' rights."

Ask your MP to support the campaign against the bill and vote against it at second reading

For further information contact SPUC's political secretary by email or by telephoning (020) 7222 5845.


© SPUC 2013