(12 years, 8 months ago)
Commons ChamberIt 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.
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.
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—