Assisted Suicide

Laurence Robertson Excerpts

Tuesday 27th March 2012 Commons Chamber

[Richard Ottaway]

The hon. Gentleman is absolutely right: there is huge public support, and I shall talk about that shortly.

Turning to the policy itself, records show that more than 180 Britons have travelled to Switzerland to die in the last 10 years. No one has been prosecuted for accompanying them or assisting them with their arrangements, even when there has been sufficient evidence to prosecute. However, before the 2010 policy document, precisely what criteria were used was never published—until Debbie Purdy asked for clarity.

Debbie Purdy has primary progressive multiple sclerosis. In 2009, she took her case to the Judicial Committee of the House of Lords. She wanted to know whether her husband would be prosecuted if he accompanied her to Dignitas in Switzerland. In their judgment, the Law Lords instructed the DPP to make clear the factors he took into account when reaching a decision on whether or not to prosecute. Lord Brown’s judgment made it perfectly clear what was required. He said that we need a custom-built policy,

“designed to distinguish between those situations in which, however tempted to assist, the prospective aider and abettor should refrain from doing so, and those situations in which he or she may fairly hope to be...forgiven, rather than condemned, for giving assistance.”

The DPP did just that, with a clarity and precision that is to be welcomed.

In February 2010, following extensive consultation, the DPP published the guidance. I have sent a copy to every Member of this House. The policy recognises the reality of prosecuting practice in cases of assisted suicide: that in certain circumstances, compassionately motivated assisters will not be prosecuted.

There are 16 factors weighing in favour of prosecution, including the assisted person not having mental capacity, and if the assister is a doctor or other professional caring for the assisted person. There are six factors weighing against prosecution, including that the assisted person made a voluntary, informed decision—in other words, they were of sound mind—as well as that the actions were of only minor encouragement or assistance, and that the suicide was reported to the police. The policy reiterates that there can be no immunity from prosecution before a crime is committed.

[Mr Laurence Robertson (Tewkesbury) (Con)]

The guidance lists six circumstances in which prosecution would not take place. How does my hon. Friend reconcile that with his statement that this does not represent a change in the law? Surely it does?

[Richard Ottaway]

That is a fair point, and some people think it does represent a change in the law. However, the guidelines are set out as offering clarity on the application of the existing law, and not as changing the law. In the Purdy case, the House of Lords asked the DPP to set out how the existing law would be applied.