"My government will continue its reform"

The Mental Capacity Bill will provide rules on caring for people who lack capacity through mental illness or disability.

Proposals to allow patients to make advance decisions to refuse treatment have been criticised by some.

Opponents are concerned the creation of 'living wills' may lead the way to legalised euthanasia.

The Bill would set out a clear test for assessing whether a person lacks capacity to take a particular decision at a particular time.

Under the Bill, which would apply in England and Wales, patients would be able to nominate a person as their designated carer to make decisions about their treatment and welfare.

Everything that was done for a person who lacked capacity would have to be in that person's best interests.

It would also be a criminal offence, with a maximum sentence of five years, for anyone who wilfully neglected or ill-treated a person who lacked capacity.

Mental health laws

The Queen also said progress would also continue on the draft Mental Health Bill, which includes measures to allow the enforced treatment of potentially dangerous mental health patients.

It is being reviewed by a pre-legislative committee which should report in March.

The Queen's Speech also promised hospital superbug infection rates would be lowered, NHS capacity would be increased and patients would be given more choice about their care.

There will be an even stronger emphasis on disease prevention as the Public Health White Paper proposals come in to force, said the Queen.

This will include making smoke-free environments the norm, curbing the promotion of unhealthy foods to children and providing clear nutritional labelling for packaged food.

Commenting on the draft Mental Health Bill, Liberal Democrat health spokesman Paul Burstow said: "This is a Bill which does nothing to tackle the stigma attached to mental health problems.

"It is focused on a Home Office security agenda, not improving mental health services.

"A new Mental Health Act is desperately needed, but it must be a law to protect and improve services for patients, not a means to demonise those with mental health problems."

Richard Brook, chief executive of the mental health charity Mind, said his organisation would campaign for fundamental changes to the Mental Health Bill.

He said: "We believe the proposed legislation does not move us towards a compassionate and effective mental healthcare system."

Shadow Health Secretary Andrew Lansley said: "Labour say the NHS is their priority, but the Queen's Speech shows that is all talk.

"Action is required on health to cut bureaucracy, reduce the costs of inspection, to strengthen public health and mental health services and to ensure patients are treated in clean and safe hospitals."