Assisted Dying Law

Kevin Hollinrake Excerpts

Thursday 23rd January 2020 Westminster Hall

[Christine Jardine]

I absolutely agree with the hon. Gentleman that Marie Curie, Macmillan and other charities do outstanding work. The people who work in hospices up and down the country, and those who provide palliative care in our hospitals, perform an unenviable role and they are beyond reproach. However, it is not my view that people should have only that choice. For me, this is about being able to decide either to have palliative care—it should be there, and it should provide support—or to make another choice. That should be up to the individual, and the law should support them in that. As I said, 84% of people, according to the most recent surveys, would support a change.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

As parliamentarians we are here to use our judgment, not simply to represent the views of our constituents. However, 84% of the public are in favour of a change. The last time the issue was voted on, in September 2015, 75% of parliamentarians voted against changing the law. There is concern among the wider public that Parliament may be out of step with the public on this. Does the hon. Lady agree?

[Christine Jardine]

I agree with the hon. Gentleman that it was unfortunate that on that occasion, Parliament took such a different position from that of the country. It is also understandable that the responsibility for making the decision is quite heavy. Many parliamentarians might like to see that change, but the thought of its magnitude perhaps makes them reserve judgment. If parliamentarians spoke to more people; if we had an inquiry and a public debate; if we had the opportunity to hear the views of the public; if we heard from the families of those who wanted to choose how to end their lives but were denied that choice by the law; and if we heard about what that had put them through, perhaps parliamentarians would have the confidence to reflect the public position.

The previous Government hinted at an inquiry into the law. When I asked about it yesterday in a point of order, Mr Speaker himself said that the time might have come for a debate. Perhaps the Minister will take the question of that inquiry back to the Government. Perhaps the time has come to think about whether the law is serving or protecting anyone. Perhaps we should have a public debate, which might allow parliamentarians to judge what is in everyone’s best interests.

I will say one last thing. Some Members may have noticed that there is a word I have not used—one that is normally central to this debate, and that is crucial to the campaigns that are going on outwith Parliament—and that word is “compassion”. That omission is deliberate on my part because, for me, there is no compassion in the law as it stands.

--- Later in debate ---

[Kevin Hollinrake (Thirsk and Malton) (Con)]

I congratulate the hon. Member for Edinburgh West (Christine Jardine) on securing this important debate and on her excellent contribution, which eloquently summed up the issues on both sides of the argument.

When Parliament voted on this issue in 2015, I was a new MP and was invited to various debates on the subject. A local bishop invited me to a parish church to talk to the congregation about assisted dying. He knew I was in favour of it, as I still am today. We debated the issues and were asked questions about what we proposed. I was surprised, as was the bishop, that the vote at the end showed that 80% of the people there were in favour of assisted dying. There were only about 20 people present, so it is not a representative sample.

That concurs with the public view. According to the Dignity in Dying survey, 84% of the public are in favour of assisted dying. Therefore, it is perhaps surprising that in 2015 some 75% of parliamentarians were against it. We have to be careful when we are that far out of step with the general public, as we have seen before with the Brexit debate. I was one of 22 Members on the Conservative side of the fence who voted in favour of assisted dying, and I think the Minister also voted for it. It is great to see so many new Members speaking today and sitting in the Chamber. I have a feeling that may mean that the balance of opinion may have changed in recent months.

During the election campaign I lost my mother. Her final hours were difficult, particularly when she was having some fluid taken off her lungs. It was difficult for us as relatives and for other people on the ward, as she was on an open ward and she had to have a number of surgical treatments to clear the fluid off her lungs. It was very distressing. I simply do not see why someone should have to go through that in the final hours of their life. I contrast this to the way we treat family dogs, as my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) said in his excellent speech. Our dog, Ben, was put down. He was perfectly healthy apart from a hip problem, but that meant we had to put him down. My wife, four children and I gathered around him as a family, and he had a very peaceful end to his life.

[Ian Paisley]

Would what the hon. Gentleman is describing take place if more resources were put into palliative care? If that happened, precedence would be given to the care, expectation, love and compassion that Members so desperately want to see, not just for themselves but for their loved ones and their families.

[Kevin Hollinrake]

That is a good point. I am not against more resources for palliative care, but I am in favour of choice. I think people should have the choice. My hon. Friend the Member for North West Hampshire (Kit Malthouse), who is doing much work in this area, made a brilliant speech in the 2015 debate on assisted dying. In his phrase, we should have “the dominion over” our bodies.

[Alicia Kearns]

My father was a brave and strong man who built double-decker buses all his life. I lost him when I was 18 and I remember from my youngest years that his gravest fear was being trapped in his strong body and not being able to communicate. The father of one of my best friends in the world was the first person to be diagnosed with locked-in syndrome. It is about choice and being able to have some sense of control over the body, and about deserving to have that choice.

[Kevin Hollinrake]

I absolutely agree. I do not wish to impose my views on any citizens as to how they choose to end their lives, but I do not want anyone else imposing their perspective on the way I might choose to end my life in difficult circumstances.

Of course we have to have checks and balances. In my professional life, outside this place, I have dealt with a number of cases where there have been rapacious relatives. Where there is a will, there is a relative. We know what these things can be like, so we have to have checks and balances. Given that so many other jurisdictions have dealt with this issue and introduced legislation to allow assisted dying, an inquiry must be able to learn from the best of other jurisdictions, develop best practice and ensure that we get this absolutely right. We should do what the public expects us to do and bring forward an appropriate law on assisted dying that is fit for purpose.

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[Mr Mitchell]

What is so interesting about this issue is that I drew entirely the opposite conclusion to what my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) said in his intervention. The conclusion that I drew was how uncertain this situation makes it for anyone put in this position, and how having to wait for a decision to be made at a time of great stress and misery in their life is so very wrong. That shows, I submit, that there are deeply felt views on both sides of this debate, and that it is for this House—this Parliament—to reach a conclusion.

[Kevin Hollinrake]

Will my hon. Friend the Minister give way again just before he resumes?

[Chris Philp]

I will certainly take another intervention from my hon. Friend.

[Kevin Hollinrake]

I am very grateful. Does my hon. Friend the Minister agree that there is a difference between assisted dying and committing suicide? If I was faced with a terminal illness that I did not want to go through, I would happily choose for my life to be ended through the relevant medical procedures. However, I would not want to commit suicide, because I would not want my children to think that their father had committed suicide; I would not want them to live with that. So I think there is a complete difference between these two different ways of someone ending their life.

[Chris Philp]

I thank both my right hon. Friend the Member for Sutton Coldfield and my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) for their very thoughtful interventions.

Perhaps I might just turn to the question of end-of-life care, hospice care and palliative care. Many Members on both sides of the argument, and indeed the shadow Minister, the hon. Member for Bradford East (Imran Hussain), have referred to the importance of these types of care. I think that one thing we can all agree on is that, regardless of our position on the question of assisted dying or assisted suicide, proper provision of hospice and palliative care is essential; belief in the importance of palliative care is unaffected by and unrelated to one’s position on assisted dying. So it is very important that we ensure that those provisions are properly in place.

I am pleased to report that in 2015 the UK was ranked top out of 40 countries in terms of what is called a quality of death index, which is based on palliative service provision, access to opioids for pain relief and a national strategic approach. Very few countries have levels of integration of palliative care within wider health services similar to ours, so the UK leads the world in the quality of palliative care and end-of-life care.

In 2016 the Government brought forward the end-of-life care choice commitment. We have set out plans to improve patient choice significantly, by ensuring that more adults and children can die in the place of their choice, be it at home, in a hospice, or in hospital. End-of-life care is a key priority for the NHS, and in its long-term plan we have set out key actions to improve the care of people at the end of their life, including a £4.5 billion new investment to fund expanded community teams, which will provide rapid targeted support to those with the greatest need, including those at the end of life. Hospices are vital, and as recently as last August the Prime Minister announced £25 million of additional funding for hospices and palliative care. So Members should be in no doubt at all that, first, the United Kingdom leads the world in the quality of its palliative and end-of-life care, and, secondly, that the Government are completely committed to supporting those services.

I have tried to lay out in a factual way what the current legal, prosecutorial and palliative care landscape is. The reason that I have tried to do that in a factual way is that, as the shadow Minister has already said, it is quite right that in matters of profound personal conscience, such as this one, the Government do not take a view. The Government are neutral in the debate on this issue and have no policy position on it. Although all of us, including me, have our own personal views about this issue, the Government’s position is that it is for Parliament to decide great issues of conscience, including this one.

A number of Members have asked for a review or a call for evidence. The Government do not have any plans at the moment to initiate any review or call for evidence; our view is that it is for Parliament to act in this space. But of course it is open to Committees of the House, including Select Committees, to initiate reviews, calls for evidence and investigations, if they see fit to do so.

Of course, it is also for Parliament to initiate legislation, if it sees fit to do so. My right hon. Friend the Member for Sutton Coldfield mentioned the private Member’s Bill ballot. The last vote on this issue took place, as some Members have already said, in September 2015. The Bill proposed was defeated, but, of course, since then we have had two general elections and the composition of Parliament has changed. However, it is the Government’s position that it is for Parliament to decide on this great issue of conscience; it is not for the Government to lead in this area.

I reiterate how important and moving the speeches today have been, on both sides of the argument. I think this debate is an example of Parliament at its finest, dealing with these great issues of life and death, and weighing the sanctity of life against personal liberty and personal choice.

There are no easy answers to these questions, but I can think of no better way of resolving them than via a measured debate and a parliamentary decision. We have certainly seen a fine example of that in today’s debate, and I again thank and commend the hon. Member for Edinburgh West for her speech and for securing this debate.