Assisted Suicide

Debate between Lord Wallace of Tankerness and Baroness Cumberlege

Wednesday 25th June 2014 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, it is important to make a distinction between clarifying the policy and changing the law. The role of the Director of Public Prosecutions is not to change the law—that is a matter for Parliament. However, the Supreme Court encouraged the Director of Public Prosecutions to consider the policy. They did not think that she should be required to review it but offered her encouragement to do so. Obviously, as it has been less than six hours since the judgment was delivered, I am not sure what the Director of Public Prosecutions will do. However, I fully expect that she will want to give careful consideration to what the justices said.

[Baroness Cumberlege (Con)]

My Lords, is my noble and learned friend aware that Keir Starmer, who was the DPP until just last year, told the Commission on Assisted Dying, chaired by the noble and learned Lord, Lord Falconer, that,

“the law works well in practice”?

In the light of that, does my noble and learned friend agree that there is nothing unusual about the way the law on assisted suicide works? We expect the law to be maintained in its integrity in order to protect all of us and for exceptional cases to be dealt with exceptionally.

[Lord Wallace of Tankerness]

My Lords, I do recall what the previous Director of Public Prosecutions said to the Commission on Assisted Dying; I think I referred to it when I responded to the debate of the noble Baroness, Lady Jay. The important point is that there is a code which sets out the evidential test which has to be met first and foremost, and then the public interest test. As the noble and learned Lord, Lord Hope, noted in the Purdy case, there will always be discretion for the Director of Public Prosecutions. Every case is different and it is important that individual cases are looked at, having proper regard to the individual circumstances.

Marriage (Same Sex Couples) Bill

Debate between Lord Wallace of Tankerness and Baroness Cumberlege

Monday 24th June 2013 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, I should perhaps just leave this on the reply of the noble Baroness, Lady Farrington. Turning to the rights and responsibilities of carers, of course they play an invaluable role in our society, caring for people. No one disputes that. The Government strongly value the role and commitment of carers. Indeed, we set out our priorities in November 2010 in a cross-government strategy: Recognised, valued and supported: next steps for the Carers Strategy. The mandate to the NHS Commissioning Board also contains a clear objective on enhancing the quality of life of people with long-term conditions and their carers. Achieving this objective will mean that by 2015, the 5 million carers looking after friends and family members will routinely have access to information and advice about the available support. When it comes to financial support for carers, the Government have announced that carer’s allowance will continue to exist as a separate benefit outside of universal credit, so that carers will continue to enjoy the support of a dedicated benefit.

[Baroness Cumberlege]

My Lords, I thank the Minister for giving way. I was very intrigued by what he said about the Care Bill, which is now before the House in Committee. I appreciate my noble friend Lady Knight’s comment about how we get really fed up when we are told that it is not the appropriate Bill to propose a certain amendment. My noble and learned friend the Minister has said that the Government really appreciate the work of carers and we are grateful for it. However, if the Government are so committed to the work of carers, would it not be possible for the Government to bring forward their own amendment to the Care Bill?

[Lord Wallace of Tankerness]

That is the responsibility of a different department. I would be very brave to make that kind of commitment here without consulting, but I am sure that my noble friend’s words will be noted. The noble Lord, Lord Elystan-Morgan, made the point that he never liked the arguments about vehicles. I am not really trying to make that argument, because I have argued that there are in fact some very serious differences. The noble Baroness, Lady Hollis, also made the point that the issues being raised are really not appropriate for this Bill. They are relevant perhaps to a finance Bill rather than a partnership Bill, as they relate to the rules of inheritance tax or the terms of benefits.

As the noble Baroness knows, those arguments have been well rehearsed. I was not in your Lordships’ House nine years ago, but my noble friend Lady Northover has said in response to one or two of the comments that have been made, “Oh, I remember that point being made then”. The Government then sought to oppose proposals of this kind, and this Government share the view that civil partnership, as it then was and as it has evolved and developed over time, is not the appropriate place to open up these new, significant policy questions. The review is about civil partnerships. It would be inappropriate to open it up to look at unrelated issues of carers and family law, and particularly the question of tax and benefits. We have also indicated that we do not wish to delay or add to the cost and complexity of a review which the Government have committed to undertake as soon as possible in response to calls that were made in the other place. The other issues that are opened up are vast, as the noble Baroness, Lady Hollis, made clear. I therefore ask the noble Baroness, Lady Deech, to withdraw her amendment.