Assisted Suicide

Baroness Cumberlege Excerpts

Wednesday 25th June 2014 Lords Chamber

[Baroness Meacher (CB)]

My Lords—

[Baroness Cumberlege (Con)]

My Lords—

[Noble Lords]

Cross-Bench.

--- Later in debate ---

[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.