Assisted Dying Bill [HL]

Lord Mackay of Clashfern Excerpts

Friday 18th July 2014 Lords Chamber

[Lord Mackay of Clashfern (Con)]

My Lords, I am deeply opposed to the Bill but strongly in favour of it being afforded a Second Reading so that we may have the opportunity to discuss the many vitally important issues that it raises. After such discussion, there will then be an opportunity to take a vote on whether it should pass this House.

The Bill is named the Assisted Dying Bill, but the only part of our existing law that it seeks to amend is Section 2 of the Suicide Act 1961. Its only subject matter is assisted suicide. Dying is a much wider topic than suicide. Why does the title not correspond to that narrower subject matter? Section 2 of the Suicide Act is an important protection for the vulnerable. We may feel strong today and may be able to weigh up issues with which we may be confronted. However, the devastating effect of serious illness can speedily make us vulnerable, so that although still possessed of mental capacity we become much more susceptible to influence than when in health.

We have presently in place a framework for the operation of Section 2. The section states guidelines for the institution of prosecution which were put in place after wide public consultation and which of course are subject to amendment as circumstances change. The DPP told the commission of the noble and learned Lord, Lord Falconer of Thoroton, that the law was working well in practice. I know that the Supreme Court has taken a different view of that matter; that is for your Lordships to judge.

The Bill proposes that assistance to suicide will be made lawful within six months, reasonably estimated, of death. What is the principle that gives such an importance to six months? Why should a course of action that may attract a prison sentence suddenly become lawful because a person is thought to be within six months of death? If the Bill becomes law, will the DPP’s guidelines have to recognise this landmark and put cases outside this boundary beyond their reach?

If the Bill becomes law, a person within six months of death will face the agonising choice of deciding to seek assisted suicide or awaiting the natural ending of his or her life. Presumably, the attending doctor will have to advise the patient of the option of assisted suicide, which will be open up to within a short time of death. The evidence from Oregon suggests that it is very difficult for a patient to reach a concluded view on this matter. The noble and learned Lord referred to the fact that a number of people who declared a settled intention to take their own lives in fact did not use what was provided and died naturally. Is it compassionate to introduce a dying person to a regime that requires such strenuous decision-making?

The Bill is strongly promoted by an organisation called Dignity in Dying, which was formerly called the Voluntary Euthanasia Society. I have seen a number of people die with dignity who did not commit suicide, assisted or otherwise. The suggestion seems to be implied that assisted suicide will lead inevitably to a dignified, comfortable and speedy death. Can this suggestion be justified? I have seen some evidence that it is not at all certain that this will be the outcome. If that is correct, will the attending doctor be obliged to tell the patient this prior to the patient proceeding to decide on this new choice that the Bill will give?

I thank the noble and learned Lord for his clear exposition of his Bill, which I found very helpful indeed.