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Proposals to change the law on assisted suicide

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Proposals to change the law on assisted suicide

An amendment to the Coroners and Justice Bill was defeated in Parliament this month (July 2009), designed to protect from criminal prosecution those who assist their loved ones in travelling abroad to end their lives.

Lord Falconer of Thoroton, a previous Lord Chancellor, led the amendment. The proposals were co-signed by former Leader of the House of Lords and Health Spokesperson, the Rt Hon Baroness Jay of Paddington, barrister Lord Lester QC, and Lord Low, Chairman of RNIB.

In support of the tabled amendment, Baroness Jay said in a statement to the press: "We need to wake up to the reality of what is happening. There are now nearly 800 Britons who are members of the Swiss assisted suicide clinic Dignitas, and over 100 Britons who have travelled abroad to die."

She added that within "necessary safeguards", which the amendment seeks to provide, those who travel abroad to assist the suicide of their loved one should not be criminalised.

Under UK law it is not against the law to travel abroad to have an assisted suicide in a country where it is legal, but it is against the law to accompany or enable somebody to travel abroad to die - a crime punishable by up to 14 years in prison.

MS sufferer Debbie Purdy has recently appealed to the House of Lords to get clarity on the current law on assisted suicide. In a high profile case, Ms Purdy is seeking clarification to ensure her husband will not be prosecuted if he travels abroad with her when she decides to take her own life.

Legal "inconsistency"

In driving forward the proposals, Lord Falconer emphasised an "inconsistency" between the law and current prosecuting policy. While the law makes assisting suicide a crime, the current Director of Public Prosecutions (DPP) and his predecessor have not sought prosecutions for those cases where assisted suicide has been evident, citing insufficient public interest in doing so.

Writing in the Times, Lord Falconer said that he was not calling for a full scale review of the suicide law, as this "important debate needs proper time and full engagement from both the public and Parliamentarians". Instead, he stated, he is tabling the amendment to make sure "that the law reflects the sensible position adopted to date by the courts and the DPP, while protecting people from abuse".

The proposed amendment said that two doctors must confirm, independently of each other, that the person travelling abroad to die is terminally ill and competent to make such a decision. The patient must also put their request in writing in the presence of an independent witness who does not stand to benefit from their death.

A similar amendment by former Health Secretary Patricia Hewitt has already been defeated in the Commons, the Daily Mail reports.

A moral objection

However, the issue of reassessing the legal position of assisted suicide has met with virulent opposition from Christian communities. One of Britain's most senior Roman Catholic leaders has spoken out in anger at Lord Falconer's attempts to bring about a change in the law.

The Most Reverend Peter Smith, the Archbishop of Cardiff, said: "Legalising assistance with suicide is morally wrong in itself and would put vulnerable people at grave risk," the Daily Mail reports.

Members of the House of Lords have also voiced opposition to the propsals, which have previously been brought before Parliament. As reported in the Daily Mail, Lord Alton of Liverpool said: "This is the third time we have had an attempt to legislate in this way in this Parliament." He added the British Medical Association and the royal colleges "remain opposed to any change" because, he says, "they know it would change irreversibly the medical profession if doctors and nurses have to become destroyers of life rather than defenders".

Support for change

Pro-euthanasia campaigners, however, welcomed Lord Falconer's proposal. Sarah Wootton, chief executive of Dignity in Dying – an organisation that advocates assisted dying for terminally ill patients, said that the public "overwhelmingly support change".

Ms Wootton commented that the proposed amendment "gives politicians the opportunity to listen and act." She added: "We cannot directly regulate foreign assisted suicide clinics, but we can change the law to end the unnecessary threat of prosecution whilst safeguarding against abuse."

"Dangerously naïve"

Writing a response in the Times to Lord Falconer's proposals, Dr Peter Saunders, director of Care Not Killing Alliance, argues that the existing law does safeguard against an abuse of the system. He says Lord Falconer is "dangerously naïve" to suppose that people who are helped to commit suicide are always "'loved ones'", stating that people with "sinister motives" could exploit a change in the law.

In a press statement, Mr Saunders said: "The present law is there to protect vulnerable people and Parliament has firmly resisted three attempts in the last five years to change it. The current law acts as an effective deterrent by ensuring that all but the most determined individuals do not seek to push its boundaries."

The most recent government statistics show that suicide rates for both men and women continued to fall in 2007, reaching the lowest rates since 1991.

Samaritans provides confidential non-judgmental emotional support, 24 hours a day for anyone who is experiencing feelings of distress or despair, including those which could lead to suicide. Call us on 08457 90 90 90 (UK) and 1850 60 90 90 (ROI); or email: jo@samaritans.org; or talk to us face to face – visit http://www.samaritans.org/ for your nearest branch.

Proposals to change the law on assisted suicide

Proposals to change the law on assisted suicide

Legal "inconsistency"

A moral objection

Support for change

"Dangerously naïve"

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