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Wednesday, 29 March, 2000, 19:53 GMT 20:53 UK
Incapacity bill wins backing
Elderly woman
New measures to protect those who are incapacitated
MSPs have passed legislation aimed at securing the rights of those people with some form of incapacity.

The Adults with Incapacity Bill became the first major piece of Scottish legislation since devolution and now goes for Royal Assent.

The Scottish Executive said the bill would fundamentally change the way the law deals with people who cannot take important decisions for themselves because of illness, accident or learning difficulty.


Old folk
Series of amendments considered
In an unusual move, MSPs sat into the evening to consider a series of amendments to the legislation.

The bill has been designed to provide a proper legal framework for the authorisation of medical treatment, care and research for incapacitated patients.

It also set out to make it easier for anyone looking after someone considered incapable to help them in their day-to-day life and allows for the appointment of proxy guardians.

Deputy Justice Minister, Angus McKay, said the legislation would benefit around 100,000 adults in Scotland.

He said: When the legislation comes into effect next year it will provide greater protection for some of the most vulnerable members of our society."

'Cast iron protections'

The bill's passage has been overshadowed by the issue of euthanasia but Mr McKay said it provided the necessary safeguards.

He said the legislation would find a balance between the opinions of the person who looks after the adult with incapacity and the doctor treating them.

However, Tory home affairs spokeswoman Lyndsay McIntosh expressed disappointment that her amendment offering "cast iron protections" against euthanasia was not accepted.

She said: ""Once again 'the listening government' has failed to listen.

"The public has made it perfectly plain that they are extremely anxious that this bill could lead to the introduction of euthanasia by the back door."

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See also:

29 Feb 00 | Scotland
Euthanasia ruled out
13 Feb 00 | Scotland
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