Member

If the noble and learned Lord, Lord Falconer, believes that a higher threshold should apply, surely he should accept Amendment 115, which proposes to replace Clause 3—which refers to capacity in the Mental Capacity Act 2005, about which my noble colleagues will speak—with a new definition of capacity for the purpose of the decision to end your own life. Alternatively, he could accept Amendment 116, which provides for a court-based structure, or a combination of the two amendments, which would place that requirement clearly in the Bill. The amendments are both very well drafted, and they provide much greater clarity than the current clause.