Assisted Dying Bill [HL]

Lord O'Donnell Excerpts

2nd reading
Friday 22nd October 2021 Lords Chamber

[Lord O’Donnell (CB)]

My Lords, I have been moved to speak in this debate by the huge number of letters and emails that I have received from the public, the importance of the topic and knowing that this House has a particularly important role in issues such as this. The debate so far has been just like my letters: respectful and clear on both sides of the debate. I particularly welcome the noble Baroness, Lady Davidson, to the House. I thought that she gave an excellent maiden speech. I just hope that all the debates that she gets to hear are of the quality of this one.

Of those messages from the public, the vast majority have been in support of the Bill. I approach the Bill, having been brought up as a Catholic—unsurprisingly for an Augustine O’Donnell—to respect the sanctity of life as recently re-emphasised by the Pope, the most reverend Primate, Cardinal Nichols and the Chief Rabbi. That is a very powerful group. All of them have dedicated their lives to making the world better. But as legislators our job is to look at the evidence objectively and decide what is in the best interests of the public.

It is clear to me that there are a number of cases where this Bill will allow people who may not have the ability or resources to go to Switzerland to end their lives with dignity. The libertarian in me does not understand why this right should be withheld from them, and I am deeply offended that it gives an option to richer people that many others simply cannot afford to take. For all the arguments made by the noble Baroness, Lady Meacher—I will not repeat them—the case for the Bill enhancing the well-being of the nation, particularly the poor, is very strong. I want to spend my time considering the counterarguments.

It is claimed that some will be pressurised into taking their lives by unscrupulous relatives, but the evidence from Oregon, where a law like that proposed in this Bill has been operating for over 20 years, suggests otherwise. Those who choose assisted dying do so primarily because they are fearful of a truly horrible death. As one of my correspondents put it, our current system prolongs death, not life.

The Oregon evidence also shows that giving people the power to exercise control does not mean they will use it. There has been no call in Oregon for the law to be widened or narrowed, and many of those who opposed the original law now support it. I am not aware that anyone who supported the legislation has changed their mind in the light of experience. One imagines that, if there was evidence of abuses, one might have noticed in a period of over 20 years. Numbers opting for assisted dying have remained well under 1% of all deaths since the law’s inception.

Another argument against the Bill is that it will hinder developments in palliative care. Again, the evidence does not support this, but I strongly support giving more resources to palliative care. Personally, I hope it becomes so good that demand for assisted dying dries up, but it is clear that successive Governments have failed to do this and it may never be possible. There is an urgent need for those in terrible terminal pain to have a way to die with dignity.

Of course, there are slippery-slope arguments. I am not convinced by an argument that says that this legislation is fine but that it might lead to something else that is not. Parliament has the power and, if Parliament decides on significant changes, it is because Parliament thinks they are right.

Finally, I embrace those such as the noble Lord, Lord Adonis, who believe the safeguards in this Bill are not strong enough. I disagree with him, but he might be right. Hence, I argue that, if this Bill were to become law, there should be a review after, say, five years, which would look at the evidence and determine if the safeguards had worked as intended, as they appear to have worked in Oregon. If we do not pass the Bill, we will never know. As the noble Lord, Lord Dubs, said, the current situation is far from perfect, and the noble Lord, Lord Finkelstein, made clear that it is not exactly timely.

Finally, this is a very difficult issue for me personally, as a very good friend and tennis partner, Simon Binner, decided to go down the assisted dying route in Switzerland. It was charted by the BBC in an important programme. I feel he could have had a longer time with his amazingly supportive family, if he had had access to the help he needed in this country, which this Bill would allow. So for Simon and many like him, I will be voting for this Bill.