Dr John Fleming, director of the Southern Cross Bioethics
Institute and a foundation member of UNESCO's International Bioethics
Committee, has written a 12-page commentary entitled The draft Mental
Incapacity Bill: will it help patients and protect the vulnerable? In
the commentary Dr Fleming argues that the draft bill would dangerously
undermine or even extinguish patient autonomy. The legally-binding
powers given to advance decisions ('living wills') would allow
life-threatening treatment decisions to be imposed upon a patient when
he or she may well not have given informed consent. Persons given
lasting powers of attorney would have "the power of life and death over
the patient", "leav[ing] the mentally incapacitated patient at the
mercy of others".
Dr Fleming states that "by permitting the withdrawal of
life-sustaining treatment from non-dying patients [the draft bill]
accepts in principle the legal right to assisted suicide and euthanasia
(at least by neglect) in contravention of age-old ethical and legal
norms in Britain which have always prohibited intentional killing and
serious bodily harm, whether consensual or not."
Furthermore, the draft bill "would not only permit the
involvement of doctors in the intentional bringing about of death, it
would force them to comply." The draft bill if enacted "would be almost
certainly challenged" under the Human Rights Act.
Dr Fleming concludes that the draft bill "ought to be
withdrawn", because the bill "provides opportunity for major abuse to
the welfare and rights of patients, doctors, other health care
professionals, and to the community at large."
SPUC has also published a four-page flyer highlighting these
and other key dangers of the draft bill, as well as informing members
of the public how to oppose the bill.
Both Dr Fleming's commentary and the flyer can be found on SPUC's campaign page on the draft Bill at www.spuc.org.uk/euthanasia/mib/index.htm.