Assisted Suicide

David Burrowes Excerpts

Tuesday 27th March 2012 Commons Chamber

[Dame Joan Ruddock]

Clearly, if the existing guidelines were put into statute they would lie alongside existing statute. I will go on to explain why I think it is very important that they should be in statute.

[Mr David Burrowes (Enfield, Southgate) (Con)]

Would not one of the implications of the amendment, if it were passed, be to fetter the discretion of the DPP to amend the code? It would drive a coach and horses through section 10 of the Prosecution of Offences Act 1985, which gives the DPP complete discretion to draft his own codes.

[Dame Joan Ruddock]

I completely disagree. First, the amendment invites the Government to consult, which could not possibly contravene an Act in itself. Furthermore, the Act that gives the discretion is not overturned by putting the guidelines into statute. What the statute would then say is, “These are the circumstances…” but it would not remove from the DPP the discretion he has in existing statute.

--- Later in debate ---

[Mr David Burrowes (Enfield, Southgate) (Con)]

I welcome the debate initiated by my hon. Friend the Member for Croydon South (Richard Ottaway). I respect what the hon. Member for Lewisham East (Heidi Alexander) said, but I will not plead guilty to cowardice here today and do not believe that hon. Members are putting their heads in the sand. If one looks, one sees that there has been parliamentary scrutiny. There was an extensive Select Committee inquiry and there have been debates in both Houses. Indeed, as recently as January there was a debate on care for the dying, in which more than 20 hon. Members took part and spoke up for clarity on improving palliative care as the best way of improving care for the dying. There are probably more than 40 hon. Members present today who I am sure would want to coalesce around and speak up for a similar message, which is supplemented by the amendment tabled by my hon. Friend the Member for Congleton (Fiona Bruce).

That message on respect for life is shown properly in the fine words of Jean Rostand, the French biologist, which I hope will resound across the Chamber. He said:

“For my part I believe that there is no life so degraded, debased, deteriorated, or impoverished that it does not deserve respect and is not worth defending with zeal and conviction.”

Certainly, I believe that a whole day’s debate today shows that there is a respect for and a defence of those lives that are difficult, complex, costly and seemingly burdensome, but which are worthy of as good a life, and indeed death, as possible.

The debate, and the amendment tabled by my hon. Friend the Member for Congleton, provide the opportunity to support good-quality palliative care and the hospice movement, which many Members have spoken about. Indeed, my hon. and learned Friend the Solicitor-General spoke about the value the Government place on that, which is shown in the eight pilots that will support quality palliative care, and I see that many Members are wearing the daffodil to support Marie Curie’s matched funding of £2.5 million to help ensure that more people in the UK can access high-quality palliative and end-of-life care.

Today’s debate is specifically about the DPP’s policy. It is among a number of policies that range across criminal law, from domestic violence to bad driving. Some might find it curious, perhaps even a touch mischievous, that Parliament is concentrating on this policy. It is important, with regard to public interest, that we confirm our support for the principle that is the foundation of the DPP policy: the law must give equal protection to all, irrespective of their state of health. The policy, and therefore today’s debate, is not primarily about whether terminally or otherwise seriously ill people should be able to access legalised assistance with suicide. Crucially, the state of health of a victim of an assisted suicide is not a factor that tends either to prosecution or not in the DPP guidelines.

Like many Members, I welcome the DPP’s policy, which is firm, fair and compassionate, and which was subject to extensive consultation and revision. Parliament should respect that process and the independence of the DPP in formulating policy. That crucial guidance showed that there is no distinction between assistance with a suicide given to a terminally ill person and assistance given to a healthy person; that medical assistance should be included as an aggravating factor; and that hospices are right to say that actions by a care professional are treated differently from actions by a friend or family member.

I am cautious about Parliament delving into the DPP’s policy and trespassing on his territory, and certainly about any moves to place it on a statutory footing, which should be vigorously opposed by the House. The House of Commons Library has confirmed for me that no other DPP policy has been put on a statutory footing. Indeed, no other has been sought. We must ask ourselves why that is, and other hon. Friends have spoken about other motives.

We should not put such guidance on a statutory footing for three reasons that have applied historically but still apply today. First, Parliament needs to ensure that it does not fetter any future DPP’s discretion to amend the code for prosecutors. Secondly, Parliament needs to protect the independence of the prosecutor, which should not be dictated by Parliament. Thirdly, Parliament needs to protect the constitutional position of the Attorney-General, who is answerable to Parliament in relation to prosecution policy whereas the DPP’s discretion to prosecute certain offences is not primarily a matter for Parliament. Although it might be a matter for debate, it certainly should not be dictated to.

Today we can properly uphold the law as it stands and in no way see from the front door, or indeed from the side or back doors, any change to it and stand up for respecting life and improving palliative care.