Assisted Suicide

Jim Fitzpatrick Excerpts

Tuesday 27th March 2012 Commons Chamber

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

It is a pleasure to follow the hon. Member for South Basildon and East Thurrock (Stephen Metcalfe).

I congratulate the hon. Member for Croydon South (Richard Ottaway) on securing the debate and the Backbench Business Committee on allowing it to take place. I also congratulate the hon. Gentleman on his excellent speech. I do not think that we have agreed on much over the years in this place, but on this we are of one mind. More importantly, I congratulate the Director of Public Prosecutions, Keir Starmer, on publishing the guidance and the balance of public interest test that the hon. Gentleman covered in his speech.

I welcome the debate, and the mood of the House seems clearly supportive of the motion, if not yet of amendment (a), tabled by my right hon. Friend the Member for Lewisham, Deptford (Dame Joan Ruddock), although there is still time to persuade colleagues. Even supporting the motion will demonstrate that we are in tune with public opinion. Just as the hon. Member for Croydon South said that the House caught up with public opinion in 1961 by passing the Suicide Act, it will catch up by agreeing to his motion today, whether or not it approves amendment (a). Amendment (b) will obviously command universal support.

I should put my cards on the table: I support the campaign Dignity in Dying. There is a photograph on its website of a supporter’s poster, which states:

“My life, my choice, at the end of my life”,

and “end” is underlined. The emphasis is on personal choice to end not only suffering and loss of dignity but the deterioration in quality of life when individuals know that the end is near and want to be in control of their own death. I say “they”, and our decisions here always have an impact on our fellow citizens, but this is also about us. We need to ask ourselves, what if it were our loved one seeking a less harrowing end to their life? Would we welcome the DPP’s common sense more or less? Would we want them to have the chance to choose?

I believe strongly that it needs to be recognised that there is some pain, some misery and some indignity that cannot be ameliorated or made more bearable by palliative care, and that being reduced to a vegetative state by increasing recourse to continuous sedation is not how some people want to end their lives. They want their own choice, and they do not want loved ones to suffer because of that choice. The DPP’s guidelines are helpful in offering both victim and family some protection.

[Anna Soubry (Broxtowe) (Con)]

I agree with much of what the hon. Gentleman says. Does he agree that there are some people who, by virtue of their affliction, illness or disease, do not have the choice of ending their lives because they physically cannot do anything for themselves? Are not those people a very important consideration in this debate?

[Jim Fitzpatrick]

The hon. Lady makes a powerful point. I am sure all Members in the Chamber will have read the briefings by a variety of organisations and testimony from family members who have been worried even about filling in the forms to send their loved ones to Dignitas, if they could afford it. They have been worried about whether that constitutes illegality which could lead to their being prosecuted.

The Debbie Purdy case in 2009 helped us get here today. As the hon. Member for Croydon South mentioned, we owe her and her family a great debt. She did not want her husband prosecuted for helping her along the lines that the hon. Member for Broxtowe (Anna Soubry) has just mentioned, and I do not believe most opponents of assisted dying in any form want loved ones prosecuted for a one-off, compassionately motivated act. I believe and hope that the DPP guidance will bring common sense to bear.

I personally believe that we need a change in the law to allow assisted dying for terminally ill, mentally competent adults in specific circumstances, so I support amendment (a). Let me personalise the matter. Most colleagues know that I was in the London fire brigade before being elected here. Every firefighter from the 1970s and before, but not after the early 1980s, used asbestos equipment. Asbestos was and is known for its heat-resistant properties, but it has been lethal for many thousands of people. Tens of thousands of people, if not hundreds of thousands, in other industries and businesses have also been exposed to it.

Asbestosis and mesothelioma cause very unpleasant deaths. They cause an end that is nasty, painful and distressing not only for the victim but for their loved ones and the medical staff who have to treat them. I have been with colleagues and families who have been through that. The issue, therefore, is this: what kind of end?

The DPP’s policy provides much-needed clarity and, as many colleagues have said, sensibly distinguishes between malicious and compassionate assistance. It does not give immunity. The public interest criteria safeguard the public interest and provide to some degree that there should be a right to choose. Therefore, I support the motion and amendment (a), as well as amendment (b), because the latter is not at all in conflict. As the hon. Member for Congleton (Fiona Bruce) said, most people who go into decent palliative care would choose to extend their life for as long as possible, but not everyone. Those who do not want to stay to the bitter end, and who think that they have a better option for a more dignified end, should have the right to choose.

--- Later in debate ---

[Jacob Rees-Mogg]

We have to legislate for everybody, not just for my hon. Friend’s most able constituents. We have to legislate for the weak and vulnerable, and for those who have nobody to defend them. Yes, of course we can all cite examples of highly intelligent, capable people who would be able, for example, to resist pressure from family members who might be after an inheritance, but what about those who feel that they have become a burden to society? My greatest concern for the elderly and the frail is that, although they might be enjoying their lives, they might feel that they have become a burden and therefore selflessly propose that their own end should be hastened. That is my concern about the term “voluntary”.

I am also concerned about the terms “clear” and “settled”. People might clearly settle something in their youth, then change their mind as the time gets closer. We read the saddest cases in the newspapers of people who have taken overdoses of paracetamol, then regretted their action and decided that they want to live. As the moment comes closer, how settled is that decision that was taken at an earlier stage?

I am also concerned about the word “informed”, Mr Speaker. Informed by whom? Are you going to set up a committee, perhaps with the two of us, to advise on the different options available to people who are at a late and vulnerable stage of their lives? Or will they in fact receive that advice from people who favour a particular course of action? How will we decide whether that information is fair, reasonable, and sufficient to allow them to make a choice that will protect their friends or family from a prosecution for assisting in their suicide?

The guidelines also state that a prosecution is less likely when a suspect is “wholly motivated by compassion”. Of course the family and the spouses involved should be motivated by compassion, but who in this House clearly knows their own motivations when they do particular things? Most motivations are mixed in a number of ways.

[Jim Fitzpatrick]

Does the hon. Gentleman not accept that the public interest criteria laid down by the Director of Public Prosecutions give the prosecuting authorities the opportunity to balance whether an action has been malicious or compassionate?

[Jacob Rees-Mogg]

The Director of Public Prosecutions has indeed set out those guidelines, but can he be certain of people’s motivations? If we ourselves cannot always be certain of our own motivations for doing things, how much more difficult must it be for a lawyer, learned though he might be, to decide on somebody’s motives?

I must warn the House that we are sometimes in the greatest danger from those who are closest to us. I looked this up on the website of the National Society for the Prevention of Cruelty to Children. Between 1995 and 1999, 80% of children under the age of one who were killed were killed by their parents, those from whom they would have expected love and compassion. We should therefore be very careful about assuming that just because there is a close relationship, there is automatically compassion.

My solution is that the DPP should be very cautious in his guidelines, and that we should always trust in the good sense of juries if these matters are ever brought to prosecution, for that is where hope lies.

Ian Tomlinson

Jim Fitzpatrick Excerpts

Monday 26th July 2010 Commons Chamber

[The Attorney-General]

My hon. Friend does make an important point—in this country, we have the presumption of innocence and it is also right that we only prosecute where the code test is passed and there is a credible basis on which a prosecution can be brought. Those are onerous burdens for the CPS, which it has to discharge impartially, free of political control and fearlessly. I have not the slightest doubt that in this matter that is what it has sought to do. The fact that the outcome is unsatisfactory—from the House’s viewpoint and that of many, particularly, I might add, the family of the deceased, for whom everyone in the House must have the greatest sympathy—does not, in fact, undermine the validity of what the CPS was trying to do.

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

Does the right hon. and learned Gentleman accept that, on the CPS’s lack of proceeding against the officer, one aspect that causes concern is his alleged chequered history? According to press reports, he left the Met under a cloud, was re-employed as a clerk, successfully applied to Surrey constabulary for a position and then transferred back to the Met. Can the right hon. and learned Gentleman advise us, to his knowledge, whether that aspect of Metropolitan Police Authority recruitment policy is being examined as part of the process in respect of the prosecution, and whether, if there is a lesson for the Home Office on inter-constabulary transfers, that matter will be brought to the attention of the House?

[The Attorney-General]

The Home Secretary is sitting on my left, and she has had the opportunity of hearing the hon. Gentleman. As he will appreciate, the points that he makes are again outside the remit of myself as a Law Officer and, indeed, of the Crown Prosecution Service, but I fully accept that they are perfectly pertinent.