Assisted Dying (No. 2) Bill

Steve Brine Excerpts

Friday 11th September 2015 Commons Chamber

[Steve Brine (Winchester) (Con)]

In my five years in this House I have found that a great deal of what we do here tests our nerves as well as our politics and faith. Some days test them far more than that, and today is one of those days. Legislating in this place is, of course, about the principle and the big picture, and that is what Second Reading is all about. We must also ask ourselves whether the practicalities of the Bill match the principle.

I mentioned faith, and it is no secret that I am a Christian. That is not something that is said often in this House, and I was not elected as a Christian Conservative in May. That is part of who I am and it guides me in what I am saying today, but it is not the whole story. Indeed, at least in part, I surprise myself with how I intend to vote today, which is against Second Reading. I say that because I am hugely sympathetic to many of the arguments that have been put forward, not least by the Bill’s promoter who I thought spoke with dignity. I have received a huge mailbag on this issue, as have many Members, and it has been a pleasure to receive genuine letters and emails from constituents, instead of click-send robotic emails.

I understand that there is not insignificant support in the medical community for this Bill, and that there is nothing compassionate about someone having to travel far from their loved ones at great cost in order to die, if that is the awful conclusion they have reached. I am aware of the published opinion polls among the public, but I use the word “published” deliberately because as Winston Churchill said:

“There is no such thing as public opinion. There is only published opinion.”

There was just one opinion poll, and as we know from this year, opinion polls are not entirely always accurate.

[Andrew Bridgen]

Will my hon. Friend give way?

[Steve Brine]

I will not because it is only fair that I crack on and give everyone a chance to speak.

Ahead of today, I read widely and I have thought about this issue deeply for a long time. I have met constituents who urged me to vote in support of the Bill, and those on the other side of the argument. Those supporting the Bill include members of Dignity in Dying in my constituency whom I met before the recess, and I could feel their sense of optimism and hope that many years of campaigning were finally coming to an end and that this is the moment that they had hoped and campaigned for—it certainly would not be the last moment during this Parliament.

If I was going to vote in support of the Bill, I would have to be 100% sure that it replaced the law we have with something better, and I genuinely do not think that that is the case. I spoke in the Back-Bench debate in March 2012 to express support for the then DPP’s guidance on applying the Suicide Act 1961, and I still think—I listened to every word from the hon. and learned Member for Holborn and St Pancras (Keir Starmer)—that that strikes the right balance. The public interest factors that he set out tending in favour and against prosecution were widely consulted on, as he said, and it was a successful consultation that received strong support from this House on that day. In my opinion—and having the opportunity to express it is why we are elected as Members of Parliament—those public interest factors remain fit for purpose.

The question for me is this: should we allow a small number of high-profile cases, no matter how tragic—of course, any human being with any element of faith and compassion understands that they are tragic—to pressurise us into changing a law that I believe is working as intended?

Given that that is my view, how can we improve the current law? Does the Bill and its 13 clauses show a better way? I do not believe it does. There has been much talk of Oregon today and there will be much more. We are told by the campaign group, Dignity in Dying, that medical opinion is divided. It says to me that some 57% of doctors feel that assisted dying legislation, with up-front safeguards, would be the best way to protect terminally ill patients who want to die. But that presumably means 43% do not, if we take those figures at face value.

If a terminally ill person decides to make a declaration for an assisted death using a schedule to the Bill, they would reasonably expect to ask their doctor to be one of the two signatories they require. If the said doctor is one of the 43%, what then? Clause 5 rightly contains provision for conscientious objection, so will we see in this country what we see in other jurisdictions, which is known as “doctor shopping”?

We then have the new safeguard in the Bill, namely the High Court judge confirmation. I agree with my hon. Friend the Member for Congleton (Fiona Bruce) about this issue being so serious. How would it work in practice? The Bill sets out a timescale for court decisions that would make robust scrutiny almost impossible. What would the judicial signatory require? Would there be a hearing with evidence presented, or would it just act as a rubber stamp? On those two points, the practicalities of the Bill do not convince me.

Let me return, in closing, to the principle of changing the law to legalise assisted suicide. Many of those who have written to me ahead of today’s debate warn that the Bill will create a slippery slope. I do not necessarily buy that argument. As the Bill’s promoter said, any amendments to the Bill would have to come back to the House and undergo parliamentary scrutiny, but come back they surely would. I note in Oregon earlier this year that there was a move to change the six months to a year. The Bill proposes six months, but I can see that being moved. Of course, all this runs up against the evidence I have heard from palliative care consultants in my constituency that, as many other Members have outlined, six months is a long, long time to determine a death.

It seems to me that we live in a world today obsessed by choice and consumerism. We want to have a career and the perfect family life. We want to shop every hour of the week. I find myself agreeing with the Bishop of Bristol, who said last month how the supporters of the Bill present it, in part, as a simple matter of individual choice with

“choice being the great God of a consumerised society.”

I think he hits the nail on the head. I believe that choice creates the burden; it does not set you free. We must significantly up our game in respect of how we provide end-of-life care, rather than handing out the right in law to take a life away.