Terminally Ill Adults (End of Life) Bill Debate
Full Debate: Read Full DebateBaroness Scotland of Asthal
Main Page: Baroness Scotland of Asthal (Labour - Life peer)Department Debates - View all Baroness Scotland of Asthal's debates with the Department of Health and Social Care
(1 day, 9 hours ago)
Lords Chamber
Baroness Scotland of Asthal (Lab)
My Lords, I hesitate to interrupt the noble Lord, Lord Baker, but I am sure he would want the House to be aware that the Attorney-General’s guidelines have assisted in enabling prosecutors to make decisions which would obviate the need for prosecution where there is no evidence that the person assisting did it other than for love. The fact that there are so few prosecutions is something we should celebrate as opposed to criticise, because those 10 that go forward are because there is evidence that that which was done was not well done and should be prosecuted.
I understand what the noble and learned Baroness is saying, but the police have decided very clearly what their position is. Between 2009 and 2025, 199 cases were referred to the Director of Public Prosecutions by the police for assisted suicide. Of those 199 cases, 131 were not proceeded with by the Director of Public Prosecutions and were withdrawn; the police then withdrew 39 other cases. Therefore, this not a law that is operating today because juries will not convict. I would—
Baroness Scotland of Asthal (Lab)
I do not want to interrupt the noble Lord again, but I think it is right for him to know that this matter came before the Attorney-General, myself, to determine how we should address this problem. How could we make it better? How could we differentiate between those who should validly be prosecuted and those who should not? The Director of Public Prosecutions then has a duty to implement the Attorney-General’s guidelines when making a decision as to whether to prosecute or not, and they have duly done so.
I recognise that there is that power, but it is very rarely used. That is the point I have been making all the time. Juries will not convict.
This has happened before in our history. There was a time when the law decided that youngsters as young as 10 or 12 could be hanged for stealing a pocket handkerchief. That fell away because juries would not convict. Similarly, I do not believe that the present law on suicide can in fact operate effectively, and therefore it should be changed.