Right to Die

Baroness Meacher Excerpts

Thursday 14th July 2016 Lords Chamber

Asked by

[Baroness Meacher]

To ask Her Majesty’s Government what assessment they have made of the constitutional implications of the Supreme Court’s 2014 judgment in the case of R (Nicklinson) v Ministry of Justice [2014] UKSC 38.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, the Government do not agree that this case raises constitutional issues. The issue in this case was whether the prohibition on assisted suicide in the Suicide Act 1961 was incompatible with the appellant’s right to respect for private and family life. Dismissing the appeal, the Supreme Court held that our courts could decide the question of compatibility but that it was not appropriate to do so then. The court encouraged Parliament to consider the issue further. Both Houses have since had the opportunity to do so.

[Baroness Meacher (CB)]

I thank the Minister for his reply, but he will know that a majority of the Supreme Court justices in the Nicklinson case took the view that the current law is in breach of Article 8 of the human rights convention. They deferred making a declaration of incompatibility only to allow time for Parliament to pass a law to change the situation. Does the Minister accept that a Private Member’s Bill debated on Friday immediately after the Summer Recess was not an adequate response to the Supreme Court justices, and that it is now time for the Government, with Parliament, to pass legislation to allow help to be given to mentally competent terminally ill people who have a consistent wish to avoid unbearable suffering at the very end of their lives?

[Lord Faulks]

The Government recognise that strong views are held on this subject on both sides. It remains the Government’s view that any change in the law is an area for individual conscience and a matter for Parliament to decide rather than for government policy. The noble Baroness and the House will remember the lengthy, thorough and extremely illuminating debates we had last year or the year before in relation to the Private Member’s Bill proposed by the noble and learned Lord, Lord Falconer. Since then, there has been a Bill in the House of Commons which was defeated at Second Reading.