Assisted Dying Bill [HL]

Lord Cavendish of Furness Excerpts

Friday 16th January 2015 Lords Chamber

[Lord Cavendish of Furness (Con)]

Has the noble Lord not detected in his correspondence, as I have, that being mealy-mouthed about language has been rumbled by the public? In this Bill, they are discovering there is an element of sophistry in the Title.

[Lord Purvis of Tweed]

To some extent, that illustrates the point I was making. The Bill cannot be described as sophistry or as trying to secretly or behind the scenes change the law in a subtle or slightly insidious way. It is being presented to Parliament in the clearest of terms. All the issues were aired during the extensive Second Reading debate, in which every Member was able to take part, where even the definition in the Oxford English Dictionary was presented. All these issues have been aired; the question is about the right balance of terminology that the public, the medical profession and the legal profession understand and the legislation will hold. That is why I hold that this is the correct term for the Bill.

Assisted Dying Bill [HL]

Lord Cavendish of Furness Excerpts

Friday 18th July 2014 Lords Chamber

[Lord Cavendish of Furness (Con)]

My Lords, I oppose the Bill as it stands, as I have opposed similar measures in the past. I am happy to accept the poll findings that suggest that there may have been a shift in public opinion towards the noble and learned Lord’s Bill and that social attitudes have changed. Against that, of the 30 informed and reasoned letters that I received in one post last week, 28 asked me to oppose the measure and only two, including one from the noble Lord, Lord Joffe, urged me to support it.

My contention is that, while the Bill may offer something for a tiny minority, it will add fear and distress for a vulnerable majority, exposing them to the risk of coercion, whether it is real or perceived. I also take issue with the noble Viscount, Lord Craigavon, who seemed to suggest that those of us on this side of the argument felt that there was virtue in suffering. I have to say that I have not heard a single speaker on our side making that point.

My interest in this subject, which I declare, stems from my experience as a founder of St Mary’s Hospice in Ulverston, Cumbria, more than 20 years ago and my subsequent close involvement with it. The hospice movement has changed attitudes to death and dying. Rather as the service of baptism traditionally invited the local Christian community to share in the responsibility of a new life, so now do communities through ownership of their local hospice share in supporting those taking leave of life, which echoes a point made by my noble friend Lord Mawhinney.

There is a modern tendency to speak of the great issues that face mankind as though they have never been talked about before. It seems to me that a sense of history enjoys less respect than it used to. When I turned to history, I found it instructive. From the ancients to the present day, assisted dying has been the subject of, if not furious debate, thoughtful debate. Then, as now, it was nuanced. Then, as now, opponents examined the question of unintended consequences, which has been so often mentioned by your Lordships. Mercy killing—a loose translation—was illegal in ancient Rome, but there were exceptions. The younger Pliny supported it, as the noble Earl, Lord Sandwich, told your Lordships. Pythagoras and Hippocrates opposed it. Francis Bacon deliberated it and appears to have reached a conclusion that what was wanted was better palliative care. While Thomas More’s Utopia appears to recommend euthanasia, his book was intended to be a work of satire.

In the past, supporters of assisted dying often felt compelled to introduce a rationale, as with Plato, who said:

“Mentally and physically ill persons should be left to death; they do not have a right to live”,

or Nazi Germany, which replaced the Hippocratic oath with an oath to the health of the Nazi state. Among those whom they put to death were crippled children and patients described as “useless and unrehabilitative”. Noble Lords should note the language. There is a historic tendency to make judgments as to the merits of those whom they wished to kill.

This Bill ignores the aspirations of those who want to live but who fear approaching old age, illness and death. That fear can only be exacerbated by the perception that public servants are to be accredited with a licence to kill them. What a glorious dawn it was that saw the end of capital punishment. As a young man, I remember feeling an enormous release. How dispiriting now I feel that we are considering once again a proposal to empower agents of the state to bring lives to an end.

A thread running through the centuries-old debate is a consensus that the issue is not easily resolved by laws and lawmakers. Our forebears often recommended forgiveness for those who helped the stricken towards a merciful end. In essence, that is what we have now. Since noble Lords better qualified than I remain unconvinced that acceptable legal safeguards are in place, I conclude that this Bill not only lowers the value that society places on human life, but takes us into unknown and dangerous territory.