Thursday 23rd January 2020

(4 years, 2 months ago)

Westminster Hall
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Christine Jardine Portrait Christine Jardine
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My hon. Friend makes an excellent point. Capacity is important. As I have already said, it is not for me to say what the law should be; I simply ask that we address it, and that we take such points into account. I ask that we look at mental capability to make the decision, at when the decision might be made and at safeguards.

Lisa Cameron Portrait Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)
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I thank the hon. Lady for giving way and for securing this important debate. Often, when people face debilitating illness or very difficult life events, suicide may come to their minds. Does she agree that at such times, we should provide better mental health support, psychological support and counselling to enable people to come to terms with their feelings and look much more positively towards their abilities and the contribution they make?

Christine Jardine Portrait Christine Jardine
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I agree that better mental health care should be available at all points in our lives. For every decision that we have to make, we should have support. If we are allowed to look again at the current law and the blanket ban, the question of what mental support exists is the sort of thing we should look at.

As I said, I am grateful to the constituent I mentioned, because that example highlights the invidious position in which everyone is put by the current law and its blanket ban. That includes the patient who knows they are going to die, and who simply wants help to ease their way through it; the medical staff who must not help; and the families who are powerless to support their loved ones, because the law threatens them with criminal procedures.

A recent policy paper considered by the homicide committee of the National Police Chiefs’ Council showed that investigators are frustrated with the current legislation, and that families whose loved ones have had assisted deaths are losing confidence in the police and criminal justice system. Families such as the Whaleys and Ecclestons, who suffered the ordeal of court cases, are perhaps the highest profile examples of how the law fails those who are facing their final days, and fails their loved ones. Sadly, they represent merely the tip of the iceberg.

Dignity in Dying has calculated that every eight days, someone from the United Kingdom travels to Switzerland for an assisted death, with their grieving families often treated as criminals once they return. Every year in England and Wales alone, an estimated 300 people take their own lives because they are faced with a terminal diagnosis and it seems their only option. A great many more are beyond the reach of palliative care, which, sadly, needs more investment, and they die in agony. Perhaps the cruellest thing of all is that this can all be avoided if people can afford it.

The law has created a two-tier system. If someone has more than £10,000, they can travel to Switzerland or elsewhere for the end-of-life care of their choice. It is time to look at whether and how our law can be improved. There is ample evidence that the majority of the public would support a change. According to the most recent surveys, 84% would like to see a change. They want a very narrow and specific change—perhaps that addresses some of the points that have been made—for those in the final stages of a terminal illness who are mentally capable of making a decision, but they do want a change.