Scottish Churches Parliamentary Office, Edinburgh - Briefing Document Eight

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Parliamentary Officer:Rev Graham Blount
Phone:
0131 558 8137

Briefing Document No 8 - Page 4 of 4

Adults with Incapacity - Continued.

Churches' Response

Churches, as they work pastorally with people suffering from various incapacitating diseases (often in partnership with Alzheimers Scotland and other groups who have lobbied for this Bill) will welcome broadly the response to a real practical need. Churches which provide residential care will also broadly welcome steps to clarify the role of care providers with regard to the affairs of residents who have no-one to look after their financial business. There remain the concerns noted above, which have already been expressed by churches in evidence to the Justice and Home Affairs Committee.

There are both theological and pastoral issues here for Christians. Most churches have wrestled with euthanasia in light of their faith, especially as medical advances have presented the dilemmas in different forms in recent years. Some have seen a clear imperative in the God-given sanctity of human life, while others have felt a compassionate faith draw them in other directions. Whether or not this Bill is seen as opening a door towards euthanasia, feelings about that will inform Christian responses.

There are also pastoral issues in (a) the basic purpose of the Bill to answer two practical needs re the material affairs of incapable adults and their families and the need for a proper basis of authority to give intrusive medical treatment (b) the relationships of family members, partners, carers, doctors and others closely involved in a person's life, and how these can best be helped to work together for the welfare of that person (c) recognising and dealing with the pressures on all of those involved.

In the various situations in which it seems right to appoint people to make decisions for others who have lost the capacity to do so for themselves, how can we best ensure that the right decisions are made?

The Justice and Home Affairs Committee will report to Parliament, which is likely to debate the main principles of the Bill before the Christmas recess (probably on Wednesday 8 December). Assuming these principles are then endorsed by Parliament, Stage 2 of the Bill - more detailed consideration by that Committee (and others, including the Health & Community Care Committee) - will follow in the new year, with further opportunities to seek amendments, although it appears that no further evidence will be taken from outwith Parliament.

Meanwhile, representations can be made to members of the Justice & Home Affairs Committee, and other MSPs raising general issues of concern. When the Bill moves on to Stage 2, detailed amendments can be suggested to MSPs (there will be a deadline for submission of these by MSPs). Remember, if writing a letter or talking to your MSP : make sure of your facts and aim to persuade (not just to make a statement).

Further information and advice can be obtained from SCPO (including copies of the SCHB submission and suggested amendments, which have the support of the Catholic Church, CARE and the Church of Scotland's Board of Social Responsibility) or from the Parliamentary Officer of the Catholic Church, John Deighan (phone 0793 0405313). The Bill, along with its accompanying policy and explanatory memoranda, can be found on the Parliamentary website or bought from the Stationery Office (help available from SCPO if you are having problems).