4 Lord Mawson debates involving the Ministry of Justice

Assisted Dying Bill [HL]

Lord Mawson Excerpts
2nd reading
Friday 22nd October 2021

(3 years, 1 month ago)

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Lord Mawson Portrait Lord Mawson (CB)
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My Lords, it is good that we are having this debate today, but I fear I must repeat arguments I have made before, because I do not believe the practical risks are any less since I made them. I do not share the same confidence as some in the machinery of the state—my noble friend Lord Carlile just raised one of the practical challenges.

The Bill seems to assume that we live in a rational world and that families and individuals can be trusted to behave in a rational manner and make rational decisions when faced with the trauma of losing a loved one in circumstances that the Bill describes. As a jobbing clergyman who has spent the past 40 years of my life working with probably some of the most vulnerable families in this country and who has presided over what must be hundreds of family bereavements and funerals, which has been both a great privilege and a responsibility, I know from experience that reason and rational behaviour are often not what we are dealing with in crises such as these.

Individuals and families say and do many things when they are vulnerable which they regret later, but at the time seem all too clear. Anomalies exist that show that people change their minds over whether they want to live or die, and intelligent debate must acknowledge those anomalies. I share the concerns about the dangers raised by the noble Lord, Lord Adonis.

An intelligent debate must be aware that rational judgment is not everything. I shared last time the story of a Bengali man who wanted to die but did not; he was saved by the present law. Those who say they want to die are always profoundly tied up in a complex set of social, cultural and family relationships, and pressures that an outsider will have limited understanding of. I always tell people who do not come from Yorkshire that to understand us you must be one of us—or forget it. Imagine a western doctor trying to understand the inner emotions and family conversations taking place with this Bengali man. I have worked with this community for 36 years, and I am still struggling to understand the inner workings of another culture I am not a part of. Are we saying, in this case, that it would have to be two Bengali doctors who make the decision? If so, which bit of Bangladesh would they be expected to come from? Could we be certain that there would always be a Bengali doctor on hand? If there was, how would we test what family connections there were and what family conflicts there had been in the past that the doctor might be unintentionally connected with? This is all subtle stuff for all of us, often unspoken, and a can of worms. I share the concerns of the noble Lord, Lord Hastings.

So much of this debate is about “Me, me, me: my rights, my life, my choice”. Yet we human beings are fundamentally social creatures. We are not islands floating aimlessly in a sea but are part of a family, a community and a culture. What we do as individuals has profound rational and irrational effects on us all. Human beings can achieve great things, but we can also behave like sheep. Once the herd starts to move on this, it may well move together. I share the concerns of the noble and right reverend Lord, Lord Harries, on this matter. Human beings can achieve great things, but they can behave like sheep; once the herd starts to move, we may all move together, and the people who will pay the price, I worry, will not be the well-meaning, or the financially secure who can choose, but the vulnerable.

European Union Referendum (Date of Referendum etc.) Regulations 2016

Lord Mawson Excerpts
Wednesday 2nd March 2016

(8 years, 8 months ago)

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Lord Mawson Portrait Lord Mawson (CB)
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My Lords, I am one of the many millions of people in this country who remain undecided about our future in Europe. I do not claim to be an expert but I have enjoyed the many hours of meetings in your Lordships’ House on European Union committees debating the issues surrounding the attempts to bring 28 different countries together and get them to function as a family of nations.

As a family, we have a home in France and love going there and immersing ourselves in its very different culture, history and traditions. We welcome the fact that France is not like the UK and sees the world very differently from ourselves. That is a very good thing. There are 26 other countries besides ourselves and France that also enrich this diverse community that we call the European Union. Diversity, not uniformity, is the spice of life. We are told by scientists that biodiversity, not equality and fairness, is the very building block of life. Difference is the key to our very existence. The world is not and never has been equal and fair; it is gloriously diverse.

When we embraced this truth, many years ago now, in the middle of an international community in the East End of London in very challenging housing estates, our life and work began to grow, and jobs, skills, businesses and opportunities started to flourish around us in what was formerly a dependency culture. People came together in a shared enterprise. Maybe there is a clue in the micro as to what we must now do in the macro. Unity in real diversity is the name of the game, but can the agreement deliver that reality?

I come to this debate with an interest in business and social justice. I am an entrepreneur and a practical Yorkshireman. For me as an undecided who welcomes this referendum and this debate, the key issues are practical ones, not theoretical or emotional. I have sat on EU committees and listened to senior colleagues from across Europe being emotional about “the project”, with actually too little to say about how in practice you make all this governance machinery work. There needs to be a little more humility on all sides of the argument, and the British public know that. The electorate need practical examples of how the EU will work successfully, not large meaningless numbers and spin—they do not believe it.

The questions I am struggling with as a person who gets the point of deep quality trading relationships across Europe are as follows. First, it is all about delivery. Can the 28 countries, when they come together, actually deliver for those children who may well be drowning in the Mediterranean in June when this vote takes place? It may well be such images, or the lack of them, that define the outcome of this referendum. As a Member of this House I have had the privilege of listening to colleagues examining the numerous organisations that the EU has created to deal with the challenging issues of our time, but are they capable of working together, of putting a practical act together when it really counts, or is the EU a fair-weather organisation? Can it deliver on the euro, the security of our borders, migration and defence? Major General Julian Thompson’s arguments about ending the defence myth are a serious challenge. Are the EU organisations capable of working together, or is it all politics and hot air when it really counts? Have we invested in the relationship-building at a practical level to enable this machinery to work?

Secondly, while party politics is not my bag and I am not a great believer in the proposals of the late Tony Benn and what he had to say, I liked the man, and on the issue of democracy and being able to get rid of our rulers when they mess up he had an important point. If we sign up to yes, how do we get rid of these people if it does not work? I have engaged enough with EU funding systems at a practical level to know that they are a bureaucratic nightmare to deal with. Sometimes in the early days, as a small charity in east London, it felt as if we were carrying Europe for over eight months before it paid its bills. It certainly never seemed to be a learning organisation that was capable of learning from innovation and what was actually happening on the ground in some of our most challenging housing estates in multicultural communities.

Does the EU help us to share our knowledge and skills or is it a hindrance? Is the EU a learning organisation? I am not a purist when it comes to democracy, but there are real democratic questions here. How do we get rid of our rulers in this deal that we are about to do if they cannot actually rule us and deliver for our people and if they are indeed incapable of learning from real-life experience in other communities across Europe? By the way, have our Brexit colleagues any idea how many zeros will be on the lawyers’ fees if we leave? Nice work if you can get it.

Thirdly, are the changes that the Prime Minister says he has won for us real, or will some wily civil servants in Europe water them all down—I have seen this before—and find a hundred reasons why this is all so difficult legally? Yes, they are the right direction of travel. We do not want more Europe, we do not want no Europe, we do want less Europe, but can this be made legal? Is Europe really up for the radical changes some in this House are rightly asking for, or is it an institution incapable of the real reform it so desperately needs for a new generation that is increasingly defined by innovation and entrepreneurship?

Fourthly, I am not persuaded by the large numbers that are bandied about in this debate on all sides by politicians, most of whom have never tried to make any of this work in practice on the ground. They have not themselves tested the systems for real in trade and the rest; they have sat on committees talking about them. I have found in life that most numbers such as these are meaningless in practice. I long for some of our politicians to stop hiding behind numbers and to take us carefully through one or two small and real examples of how this will work in practice for a real SME or business struggling to trade in Europe. Let them show us the systems—top, middle and bottom, warts and all—and explain how they will change in practice to facilitate more trade and interaction. Let us get into these details.

The British public long to see real debate with real players on the ground. What will it be like for SMEs in practice if these changes happen? Will anything change in the real world? Come on politicians and media: give the British people the practical evidence—show us the micro. I have run out of time, but I long to hear practical examples of what all this means. We have four months; let us have the examples.

Assisted Dying Bill [HL]

Lord Mawson Excerpts
Friday 16th January 2015

(9 years, 10 months ago)

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Lord Winston Portrait Lord Winston (Lab)
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My Lords, with great respect to my noble friend Lord Pannick, I disagree, and totally agree with the noble Baroness, Lady O’Neill. There is another issue beyond clarity here. One of the issues that was raised at Second Reading and, I think, on the first day in Committee was the concept that fragile and possibly deranged, angry and distressed elderly people coming into hospital have of the nature of their status as patients. The use of the word “suicide” brings clarity for them, because it makes a very big difference to medical and nursing practitioners, who can quite clearly see that they will not be involved in a process of assisted dying. It is, effectively, suicide, and that limits any notion of how they might feel when they feel that somebody is not really worth supporting in hospital. This is a major problem and will become an increasing one. We see the increasing difficulties in the health service when dealing with cancer care at the moment and the provision of drugs. There will be pressures on budgets and increasing pressures on patients who will feel under pressure to take a decision that is not entirely theirs. I therefore support this amendment.

Lord Mawson Portrait Lord Mawson (CB)
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My Lords, I agree with the previous speaker. I do not believe there is clarity in the country about this matter at the moment. This is the first time I have spoken in Committee on the Bill, and I think I was the only person at Second Reading to draw attention to the practical implications of the Bill for modern multicultural Britain. Today in this country we are privileged to share our lives with virtually every nationality and culture on earth. This is a great privilege but also a considerable responsibility when it comes to the life and death issues captured in the Bill. It is from within this context, having spent the past 31 years working in the East End of London, that I speak today.

On an issue as sensitive and as important as the state helping people in modern Britain to sign their lives away, it is very important that the national debate about these matters is carried out as fairly and objectively as possible, so that British people can make balanced and informed judgments about these important matters that affect both them and members of their families. One of my primary concerns in speaking today is to ensure that the hard facts are all on the table and can be seen in the clear light of day. In that regard, the words we use in the Bill and what we mean by them really matters when we have to translate their meaning and purpose into the languages and dialects of every nationality on earth—but more of that later.

The Second Reading debate in your Lordships’ House and the first day in Committee demonstrated the House at its best and brought to the surface the very real, practical and complex issues for all to see, if only members of the public were allowed to both hear and see them. This House, packed as it is with so much experience and knowledge, is probably the only place in the country where a debate such as this can take place in a way that addresses the detail in all its glory.

That said, I have been concerned during the process of this debate in the country that some of our media, which have a responsibility to educate and inform the general public about all sides of this argument, have simply gone into campaigning mode. It would be interesting to ask how many of the journalists and commentators have actually read Lords Hansard and dug down into the issues with us, and then honestly and fairly communicated their findings. This issue sadly lends itself to lots of sentimental stories on all sides, but the hard realities are far less palatable in a media-driven age that skims across the surface of our lives.

I am concerned that much of our media are not covered with glory with regard to setting out clearly the complex choices and practical issues that need to be understood if members of the public are to seriously engage with the issues and make informed choices on this matter. I have tested this at home with members of my own family and got the sense, before they were encouraged to look further, that, for them, going for this injection would be a bit like going to the optician or dentist. Of course, the dentist analogy carries with it far more personal experience, I suspect, and fear.

There have been considerable sentimental stories about individuals in our media who, of course, have gone through terrible times, without the necessary balance given—

Lord Dykes Portrait Lord Dykes (LD)
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I am extremely grateful to the noble Lord for giving way and I apologise for interrupting him and his interesting remarks. But would it not be a courtesy to the Committee, bearing in mind the pressure on time, to refer specifically to this amendment?

Lord Mawson Portrait Lord Mawson
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My Lords, the words we use are important, as is how the general public hear the words we use, and I think that these matters are far from clear in the country. I am not convinced that the balance has been given and the counterarguments shared. In this matter, I think that what I have to say is important.

Many of us in the Chamber have been involved in campaigns over the years, and we know how easily experienced politicians can collude, through their networks of relationships in the media, with campaigning journalists who love a nice story and funders, and put an act together. Good luck to them, I say. However, on an issue as important as this, this activity needs to be seen for what it is. Good objective presentation must be the order of the day if people are to be able to make informed choices.

Baroness O'Cathain Portrait Baroness O’Cathain (Con)
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I am very grateful to the noble Lord for giving way. This is such an important day and we are, in effect, time-limited. We cannot really start the day by having Second Reading speeches.

None Portrait Noble Lords
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Hear, hear.

Lord Mawson Portrait Lord Mawson
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My Lords, I am happy to hear that, although I think there is a debate to be had. I am happy to sit down but there is an issue here, which is being drawn to the surface, about the words we use and about what the country understands is happening about this matter. I am happy to sit down, although I was going to illustrate the point with a practical example from the BBC about these matters and with an experience I had, where it was absolutely clear that large parts of the general public were not clear about this. I think the noble Lord, Lord Winston, has put his finger on a point that needs to be listened to.

Lord Ashton of Hyde Portrait Lord Ashton of Hyde (Con)
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My Lords, the noble Baroness, Lady Campbell of Surbiton, has been trying to get in for some time. I think the Committee would like to hear from her.

Assisted Dying Bill [HL]

Lord Mawson Excerpts
Friday 18th July 2014

(10 years, 4 months ago)

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Lord Mawson Portrait Lord Mawson (CB)
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My Lords, it is good that we are having this debate today, but I am afraid that I cannot give the Bill my support. I will set out a few reasons why.

First, the Bill seems to assume that we live in a rational world and that families and individuals can be trusted to behave in a rational manner and make rational decisions when faced with the trauma of losing a loved one in the circumstances that the Bill describes. As a jobbing clergyman who has spent the past 35 years of my life working with probably some of the most vulnerable families in this country, and who has presided over what must be hundreds of family bereavements and funerals, which have been both a great privilege and a responsibility, I know from experience that reason and rational behaviour are often not what we are dealing with in crises like these. Individuals and families say and do many things when they are vulnerable, which they regret later but at the time seem all too clear.

Anomalies exist which show that people change their minds over whether they want to live or die. The body often needs time to adjust to severe injuries and illness. An intelligent debate has to acknowledge these anomalies. Life is not a simple process of rational judgement and behaviour—far from it. It is very complex.

In writing this speech, I am conscious of a number of people who have relayed their family stories to me in recent weeks. I think today of the young Bengali man who faced a moment such as that which this Bill seeks to legislate for. Life seemed to be at an end; the illness he was diagnosed with and the prognosis seemed at the time all too clear and he wanted to die. However, because of the present legislation, time was on his side. Only months later he made a considerable recovery and today lives a good life. Those who say they want to die are always profoundly tied up in a complex set of social, cultural and family relationships, and pressures that an outsider will have limited understanding of.

I always tell people who do not come from Yorkshire that to understand us, you have to be one of us—or forget it. Imagine a western doctor trying to understand the inner emotions and family conversations taking place with this Bengali man. I have worked with this community for 30 years and am still struggling to understand the inner workings of another culture I am not a part of. Are we saying in this case that it would have to be two Bengali doctors who make the decision and, if so, which bit of Bangladesh would they be expected to come from? Could we be certain that there would always be a Bengali doctor on hand? Indeed, if there was, how would we test what family connections there were and what family conflicts there had been in the past that the doctor might be unintentionally connected with? This is all subtle stuff for all of us, often unspoken and a can of worms. All our family cultures are a can of worms. What training do our doctors have to be able to demonstrate this wisdom of Solomon in our inner cities when we live in multicultural communities? When faced with a human circumstance like this, they will simply see the world through a biomedical prism. They will be unsighted, I suggest, on nine-10ths of the human picture that will affect the decision.

Secondly, we tend to have a blind faith that doctors and social workers will protect the vulnerable, yet we are given daily examples where we are failed by specialists. It has been my great privilege over many years now to work with some very good and trusted doctors, but it has also been my lot to have to sort out a number of doctors who were not trustworthy—indeed were downright dishonest—and had other agendas on their minds than that of the patient. Doctors are not gods, they are people, and the culture of the NHS is very prone to taking simple legal safeguards and slowly, over time, building a whole culture around them that has many unintended consequences. I have buried people who paid the price for this incompetence and cultural malaise. The health service is in some chaos at the moment, with healthcare professionals rushed off their feet, and the idea that doctors will have the time, let alone the competence and space, to deal with these very challenging matters properly seems fantasy to me. How will this work in practice in the present climate in the health service?

Finally, so much of this debate has been about, “Me, me, me; my rights, my life, my choice”. Yet we human beings are fundamentally social creatures; we are not islands floating aimlessly in a sea, but are part of a family, a community and a culture. What we do as individuals has profound rational and irrational affects upon us all. Human beings can achieve great things, but we can also behave like sheep, and once the herd starts to move on this it may well move together and we will not be able to stop or fully understand its inner logic. The people who will pay the price will be not the well meaning but the vulnerable.