John Bercow
Main Page: John Bercow (Speaker - Buckingham)Department Debates - View all John Bercow's debates with the Attorney General
(12 years, 5 months ago)
Commons ChamberOrder. May I gently suggest that the hon. Gentleman speak up a bit, because I think we all want to hear him, and I would like to hear him?
I am sorry, Mr Speaker. I am full of a cold, and my throat is not quite as strong as I would like it to be.
If Parliament intends that compassionately assisting a loved one to die should not be prosecuted but maliciously encouraging someone who does not really want to die should be prosecuted, then that is what the law should be, and it is down to the DPP to put in place guidance on how to distinguish between the two.
This is such a difficult subject for us to tackle, but whatever difficulties we in this House encounter are as nothing compared with some of the graphic descriptions of the agony of the dying and those who have to watch them suffer.
I would like to read a version of Susan McArthur’s story—edited, because of the shortage of time. She says:
“On 30th October 2009 my husband Duncan died peacefully in our home with a glass of his favourite tipple by his side and me, his wife of 42 years, holding his hand. This sounds like ‘a good death’ and indeed it was except for the fact that it was illegal. This is because Duncan took his own life and I was by his side...Duncan was diagnosed with MND”—
motor neurone disease.
“He fretted and panicked until he acquired the means to end his life in his own home and at a time of his choosing. Once this had been achieved he relaxed and did his best to enjoy the time he had left…Following Duncan’s death there was a Police inquiry and the case was submitted to the DPP…This was an extremely stressful time for all the family when all we wanted to do was grieve for Duncan and say our farewells…There was no prosecution, under new guidelines it was deemed not to be in the public interest.”
Amendment (a), tabled by the right hon. Member for Lewisham, Deptford (Dame Joan Ruddock), the hon. Member for Amber Valley (Nigel Mills) and me, would have called for a consultation on whether the Government should give extra clarity and reassurance by giving legal backing to the guidelines. Parliament would then give the strongest possible signal that law-abiding citizens who compassionately help a loved one to die should not face prosecution. Any change in the guidelines must be ratified by Parliament. The DPP would not be able to change the guidelines at will. We have had a thorough discussion about that, which I would have hoped would be a comfort to those who worry that we are at the start of a slippery slope. We cannot be, because a change in the law would be needed to relax the guidelines further. Giving legal backing to the DPP guidelines would also send the strongest possible signal that those who maliciously or irresponsibly encourage suicide should be prosecuted.
Of course, discretion should and must be with the Director of Public Prosecutions. However, it is important for the policy to be discussed in greater depth by the Government and the public. I welcome amendment (b), which calls for the further development of specialist palliative care—a view shared by those on all sides of the assisted suicide argument. However, in my view, palliative care is not sufficient on its own. Suicide was made legal in 1961. The guidelines give protection to the dying person who would commit suicide if they had the ability, and to their family. Debbie Purdy said:
“If I had lost my legal case, I would have gone to Dignitas in 2009.”
With the knowledge of the guidelines, many dying people would have the confidence to hold on a little longer and have a better, more peaceful and more dignified death when the time was right for them.
The last Back Bencher who has not spoken—I see him standing to speak—is the hon. Member for North East Somerset (Jacob Rees-Mogg).