Labour backbenchers may revolt over 'living wills' Bill

Prime Minister Tony Blair is today facing a House of Commons revolt over a Bill that critics claim may pave the way for legalised euthanasia.

Backbenchers concerned at the legislation contained in the Mental Capacity Bill, which proposes giving full legal standing to a person's 'living will', have signed a petition supporting an all-party amendment tabled by former Tory leader Iain Duncan Smith. The amendment will attempt to ensure that the proposed laws cannot be used to justify a doctor doing anything that would cause the death of a patient intentionally.

While the Liberal Democrats and Tories have a free vote, Labour MPs will have to defy he party whip if they wish to support the amendment.

The Government says that new legislation is necessary as those relating to mental incapacity are out of date. In the Government's view people are entitled to write a 'living will' and set out how they would like to be treated, but under current legislation this not binding.

However Mr Duncan Smith said the concern was that people who said they did not want medical treatment if they were terminally ill might not realise that they were also running the risk of having food and fluids withheld.

The Government has accepted a modified amendment from George Howarth, which called for doctors to start with the premise "assuming that it will be in the person's best interests for life to continue" when making decisions.

However, the Government wants to change "best interests" to "interests", which Mr Duncan Smith has described as "cosmetic" and not the main issue. The amendment tabled by Mr Duncan Smith seeks to include the clause "permits, authorises or gives validity to any decision made with a purpose of bringing about the death of the person about whose welfare the decision is made".

The Government has claimed that the Bill has been misunderstood and has nothing to do with euthanasia.

While some consider that the Bill will give better safeguards over issues relating to treatment, Christian groups are concerned that food and water could be withheld even if doctors thought this was inappropriate - in effect legalising killing by omission.

The amendment petition has received 91 signatures and MPs could vote on this later today during the debate on the Bill's report stage.

The British Medical Association has backed the Bill, which the organisation says gives incapacitated people the same rights as others.

In a statement released yesterday the BMA said: "The Mental Capacity Bill is going to report stage tomorrow in the House of Commons. There have been articles in the press incorrectly linking this Bill to euthanasia. The primary focus of the Mental Capacity Bill is to protect patients who have lost their ability to make their own decisions".

(SP)