Assisted Dying: Legislation

Lord Dholakia Excerpts

Monday 16th January 2017 Lords Chamber

[Lord Keen of Elie]

I entirely understand the noble Baroness’s observations in this context. The whole question of risk associated with such legislation was addressed by the Supreme Court when it opined in 2014 in the case of Nicklinson and Lamb. The President of the Supreme Court and Lord Sumption both observed that the data on risk were plainly way short of establishing that there was no risk in such legislation. Lord Sumption went on to observe that there were further societies engaged in this area which had clear reservations about the development of any legislation on this matter.

[Lord Dholakia (LD)]

My Lords, the Minister will be aware that the CPS updated its policy in cases of assisted suicide in February 2010 and in October 2014. Whereas I well understand the reluctance to change any particular legislation, will the Minister consider in consultation with his colleagues and the CPS what further reforms are necessary in relation to the CPS policy on assisted dying?

[Lord Keen of Elie]

My Lords, the matter of CPS policy must be left to the CPS to determine independently of Parliament. It is not for government to dictate what that policy, which is regularly reviewed, should be. For example, in the period from 2009 to 2016 the very large majority of cases referred to the CPS were not proceeded with in the context of prosecution.