Assisted Suicide

John Baron Excerpts

Tuesday 27th March 2012 Commons Chamber

[Mr John Baron (Basildon and Billericay) (Con)]

May I start by congratulating my hon. Friend the Member for Croydon South (Richard Ottaway), who is not in his place? He introduced the debate in a very measured tone. I also congratulate the Backbench Business Committee on arranging this debate on the Floor of the House. It is a very worthwhile subject that has not been debated for some time. I will support the motion, which stands in my name and those of colleagues. I believe there should be parliamentary scrutiny and oversight of the prosecution and sentencing policy, which I think is why we are here.

I will also support amendment (a), because it deals with an issue that has not been addressed as fully as I would have liked in this debate—the uncertainty created by the current situation. The legal fudge at the heart of this debate has not been adequately addressed. The law says one thing and one can be convicted of an offence, but the prosecution, or the prosecution policy, looks the other way. The more charitable would suggest that this is about trying to get the right balance between compassion and the law, but I suggest that it creates grave uncertainty and that it is unfair. It is not fair on those who feel that they have to travel to Switzerland to avoid prosecution, it is not fair on the patients who wish to die with dignity and it is not fair on the families of relatives who may or may not be prosecuted but are not clear about where they stand, particularly regarding the patient and individual concern. Patients may be concerned about the prospect of their loved ones being prosecuted. Neither is the situation fair on patients who wish to be surrounded by loved ones or family but who might have to consider the option of dying alone for fear of those left behind being prosecuted.

For the avoidance of doubt, let me absolutely clear: I believe that the compassionate approach for patients who are in severe pain, are terminally ill and have the support of their family would be to allow them to choose to die provided that the appropriate safeguards are in place. Yes, there is a right to life, and that is terribly important, but there is also a right to choose to die with dignity, knowing that one’s relatives will not be prosecuted, and surrounded by family and loved ones—not alone for fear of the prosecution of those left behind. That is why I will support amendment (a). This area is far too important and the situation is far too unique to be left to Government officials. It should be subject to parliamentary oversight.

Yes, we know that the guidelines are just that and are not law, but prosecution or the threat of it can be profoundly disturbing to the loved ones left behind. We should not underestimate that. We do not know for sure whether those left behind will have committed a criminal act, but the threat of prosecution or prosecution itself can be profoundly disturbing, particularly for those who have already had to endure severe grief in their lives. Putting guidance on the statute book brings that certainty. It brings certainty that those who maliciously assist someone to die will be prosecuted and also provides protection to those acting on compassionate grounds. I believe that those factors should be taken into account and that we need to end that uncertainty.