Assisted Dying: Legislation

Debate between Lord Keen of Elie and Lord Dobbs

Monday 16th January 2017 Lords Chamber

[Lord Keen of Elie]

My Lords, I do not believe that any challenges faced by our health staff in hospitals will alter their view as to issues of life and death. I do not believe that for one moment.

[Lord Dobbs (Con)]

My Lords, the Supreme Court judgment in 2014 that the Minister quoted a moment ago, among other things, implied very strongly that the current law is incompatible with human rights legislation and hinted that Parliament should resolve this issue, otherwise the courts themselves would. If there is an incompatibility between the blanket ban on assisted dying and human rights legislation, should it not be resolved in Parliament rather than by judges?

[Lord Keen of Elie]

My Lords, in the case of Nicklinson, the Supreme Court determined by a majority of seven to two that there should be no declaration of incompatibility with the convention on human rights. It did of course observe that this was a matter that should be looked at by Parliament, and since that judgment, it has been looked at by Parliament on two distinct and separate occasions. Parliament has expressed its views on this matter.