Report to the People
Incapable Adults (Scotland) Bill
Last Thursday, we debated stage one of the Adults with Incapacity Bill in the Scottish Parliament.
Surprisingly, for what is in essence a very technical, legalistic bill, it has generated much public interest and some concern. Indeed, I have received representation both from local interest groups and constituents who are genuinely concerned about the medical aspects of the bill.
I have written and spoken to these groups and allayed their fears. Given the level of concern I have heard expressed locally, though, I would like to share the facts about this bill with you.
To be blunt, I believe the present situation stinks. As it stands, the law relating to adults with incapacity is unclear, outdated, inflexible, patchy, inappropriate and very unfair. Under this old fashioned system, someone who is assessed as incapable – it could be your grandparent, your brother, your mother, your father, or even your child - loses their basic legal and human rights. They are not allowed to make decisions over where to live or even their own medical treatment. Their bank account will be frozen. They are not allowed to make a will or give anything more than the most trivial of gifts – not even a wedding present for a grandchild. They cannot even apply for their own bus pass.
This outrageous situation denies human rights to an estimated 100,000 Scots.
There is no doubt the law needs to be reformed. Anyone who has ever had to care for an incapable adult or been incapable themselves knows this. We need a bill to promote their rights and challenge the very real discrimination that exists.
That is what the current bill does. It brings the way adults with incapacity can administer their affairs into the 20th century.
However, it is not the measures to improve financial procedures for adults with incapacity which are troubling the public. The main worry is that this bill will make euthanasia legal, in much the same way as it is in the Netherlands.
Let me make this absolutely clear. We are not "Going Dutch." Euthanasia is a criminal offence – that will not change.
If someone is unconscious or lacks capacity, any treatment necessary will be justified by necessity as it is now. In other words, patients’ rights will be intact. They will still be protected by the civil law of medical negligence and professional discipline. That will not change.
Welfare attorneys and welfare guardians will not be all-powerful. They cannot take steps to prematurely end an incapable adult’s life and have no power to block necessary treatment. Indeed, I was pleased to see the Executive agreed to an amendment which provides that if two doctors agree a course of treatment is in a patient’s best interests, the patient will be treated – even against the wishes of a guardian. Guardians will be subject to criminal sanctions if their actions amount to ill treatment or neglect and Sheriffs will be able to dismiss them.
All of these safeguards combined should act to allay fears and reassure anyone who believes this bill poses a threat to the vulnerable.
Prior to this week’s debate, I was in contact with my colleagues on the Justice and Home Affairs Committee, who have the job of considering the proposals in detail. They are aware of the concerns and will certainly be monitoring the progress of the Bill through the legislative process - both in the Committees and in the Chamber - to ensure the final outcome will be a bill which is about delivering human rights, not about removing life prematurely.
Also this week…
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