Assisted Suicide

John Glen Excerpts

Tuesday 27th March 2012 Commons Chamber

[John Glen (Salisbury) (Con)]

I want to open my contribution simply by saying that I endorse and support the DPP’s published prosecution policy. I do not support any move to change the law or the prosecution policy or to put that policy in statute law, and I am concerned that in reality that is the pathway that will follow this debate. I oppose any moves in that direction on the basis that the current law works well in practice. Let us be clear that it does so because of the stop-gap between Parliament and the CPS, which allows a criminal investigation into any case if required but, as with all criminal law, has the element of discretion that allows consideration of mitigating factors in all cases.

I want to offer two practical objections to changing the status quo. First, the law is about protection. We are talking about protection for the most vulnerable members of our society, those with terminal illnesses, those who might be severely disabled or those who might be depressed, confused or anxious. For this reason, we should not have a law that encourages, or is unable to prosecute, any case of coerced, encouraged, pressured or uninformed assisted suicide. Consider the situation for a 97-year-old elderly lady nearing the end of her life. Despite the best motives and intentions of her family, knowing that the option of assisted suicide exists, and given strong ties of loyalty, subtle cues from the family create the risk that she will feel compelled to assist with their emotional and financial uncertainties by agreeing to a premature ending of her life.

When I visited the spinal unit in my local hospital in Odstock in Salisbury last Friday and spoke with the consultant, he told me of the frequent situation for those who become tetraplegic after accidents. He said that their attitude towards their future changes markedly while they come to terms with their situation and their future quality of life. Exemptions to the law on assisted suicide will not provide a deterrent or discouragement in those cases, nor will they provide grounds for investigation or prosecution, if needed. The only way to ensure that every single case is amenable to robust deterrence and proper investigation is to have a blanket law against assisted suicide.

We must also focus on prevention, and that means doing everything we can to aid people when they are suffering towards the end of their life, so I endorse the amendment tabled by my hon. Friend the Member for Congleton (Fiona Bruce), with its renewed focus on palliative care. We have all commended the hospices in our constituencies, as we know that they are an under-used and a misunderstood resource of which so many more people wish to, and could, take advantage.

When we discuss the issue of suicide, we immediately raise the need for counselling and caring for those who are depressed. The same should be true for those who are near death. My submission today is that if we were to create a painful moral dilemma and significant areas of legal uncertainty and ambiguity, we would put at risk the well-being of many people. We should leave the status of the law as it is.

[Nigel Mills (Amber Valley) (Con)]

It is an honour to speak in a debate that has shown this House at its best, and I too congratulate my hon. Friend the Member for Croydon South (Richard Ottaway) on moving the motion and the Backbench Business Committee on finding time to debate it. I am in an unusual position, as I can happily support the motion and both amendments—and will do so if we go into the Division Lobby later.

I will start at the end by supporting amendment (b) on palliative care, which my hon. Friend the Member for Congleton (Fiona Bruce) tabled and with which I wholeheartedly agree. I join other Members in paying tribute to the hospices that serve their constituencies.

My local hospice is the Treetops hospice in Derbyshire, which does amazing work, and, speaking as someone who has lost a partner to a cancer, I have seen the great care that it gives people in the final stage of their life. We never talked about whether she would have chosen a quicker, less painful and more dignified way of dying, but I remember sitting there for four days while she lay dying, thinking that if I ever got into such a situation I might prefer to go in a less painful and more dignified way.

I join those other Members who support changing the law to allow people that very difficult choice at the end of their life, but that is not what this debate, the motion or the amendment that stands in my name and that of the right hon. Member for Lewisham, Deptford (Dame Joan Ruddock) is about; it is about endorsing what the Director of Public Prosecutions has done. His guidance is admirable, I have no criticism of it and I hope that it remains in place and is applied consistently.

I do not think any Member wants the issue to be subject to a different court decision, which moves the line in the sand back or forward a bit, or subject to a different DPP changing the tone of the guidance. Parliament should draw that line, saying, “This is what we think is acceptable; anything beyond that, we think not,” and if the line is to move, that should be down to Parliament as well. That is why I support amendment (a), and I do so not because I want to list loads of criteria in law.

If someone compassionately assists a loved one in ending their life when that is their choice, Parliament should say that that is not a crime. What should be a crime is trying maliciously to encourage someone to end their life when that is not their choice, when it is not what they want and when it is not done through compassion.

[John Glen]

My hon. Friend is making a powerful case, but in reality is it not the practical, individual decisions that matter? Even if Parliament did come up with a set of criteria, would it not be their application individually that mattered? It would therefore be entirely inappropriate for Parliament to try to set criteria that could be binding in every individual situation.

[Nigel Mills]

The point I am trying to make is that I am not sure whether it would be right for Parliament to list a load of criteria. The feeling today appears to be that we do not think that people should be prosecuted for compassionately assisting a loved one in their free choice to end their life, but that someone should be prosecuted for maliciously encouraging or enticing someone to commit suicide when they do not really want to do so. That principle could clearly be put into statute without having to go through the individual circumstances of every situation. That would then leave the DPP free to consider in each case whether the action was compassionate or malicious. At the moment, the law says that if one assists someone to commit suicide—