Assisted Dying (No. 2) Bill Debate

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Department: Ministry of Justice
Friday 11th September 2015

(8 years, 7 months ago)

Commons Chamber
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Rob Marris Portrait Rob Marris
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Many disability organisations appear to think that this Bill has particular relevance to those with disabilities, but it does not. Disability is not an illness—it is rather old-fashioned to suggest that it is—and disability is certainly not a terminal illness. Despite repeated requests from its members, the British Medical Association has refused to debate this issue since 2012, and it has refused to poll its members. That is regrettable. In that context, The British Medical Journal editorial supports the Bill.

Andrew Bridgen Portrait Andrew Bridgen (North West Leicestershire) (Con)
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Will the hon. Gentleman give way?

Rob Marris Portrait Rob Marris
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No, I will not for the moment. I must make some progress.

I respect the views held by people who are strongly opposed to my Bill. I share their motives for wanting a better society and to ensure that we have a law that protects people. On the tube this morning, I stood next to a man in a hoodie on which it said, “Understand difference”, which I thought was quite appropriate. This debate is not about opinion poll numbers; it is about a matter of conscience, ethics and the kind of society in which we live. We need such a debate, and Parliament should not only debate this issue today when 85 hon. Members wish to speak but scrutinise the Bill in Committee in detail, and it should come back to the House for further scrutiny.

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Steve Brine Portrait Steve Brine (Winchester) (Con)
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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 Portrait Andrew Bridgen
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Will my hon. Friend give way?

Steve Brine Portrait Steve Brine
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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.

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Andrew Bridgen Portrait Andrew Bridgen (North West Leicestershire) (Con)
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It is a great honour to speak in a debate, as brief as it is, on a matter of life or death. It is one of the hardest things for this Parliament to deal with, because the passions of the speakers and the strength of the arguments on both sides are compelling.

I have been lobbied about assisted dying since my very first month in this Parliament, and consistently. I have listened to all the speeches today on both sides of the argument, but I will vote against the Bill because I am very concerned about coercion. Any Member of this House who does not consider that coercion could happen, forcing vulnerable people to take their own lives, has perhaps an over-optimistic view of the human nature of a small but significant section of our society.

I spoke to an A&E consultant in my constituency who raised concerns about his Hippocratic oath and the change in the doctor-patient relationship that the Bill could engender. He had a shocking experience when he was resuscitating an elderly lady in A&E while her relatives were sharing out her assets at the foot of the bed. When the old lady was resuscitated, he saw the look in the relatives’ eyes, and he would certainly not be in favour of assisted dying legislation whereby vulnerable old people could be coerced into taking their own lives by unscrupulous or heartless relatives or beneficiaries.

The safeguards in the Bill are inadequate, and as a responsible parliamentarian I cannot bring myself to support a change in the law with such gaping holes in it. It is a blank cheque, as has been mentioned.

Stuart Andrew Portrait Stuart Andrew
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Will my hon. Friend give way?

Andrew Bridgen Portrait Andrew Bridgen
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I will not, if my hon. Friend does not mind.

Supporters of the Bill have said that 80% of the public favour medically assisted suicide. I am not sure how much understanding those respondents had at that time, but when participants are exposed to the counter-arguments to legalisation, support wavers, in one poll dropping from 73% to only 43%, and among palliative care doctors 90% oppose the Bill.

I am a trustee of a local hospice charity, Hospice Hope, in Ashby de la Zouch. I am a great supporter of and believer in the hospice movement and palliative care sector. I would like to quote Dr Robert Twycross, a retired palliative care specialist, who recently stated that

“despite upsetting ‘horror stories’…palliative care does not…leave patients to suffer unbearably. In extreme situations, increasing the dose of symptom relief and sedative drugs is already permissible as a ‘last resort option’. The most appropriate response to horror stories is to increase the availability of specialist palliative care”—

not to kill people.

As has been said, many people are desperate when first diagnosed with a terminal illness. It is completely understandable, and it is easy to make a rash decision. Many feel a burden on their family and wish to die to alleviate that burden, when actually that family love them, want to care for them and do not want them to die. The way to alleviate distress in dying people and their families is to care for them properly with good palliative care, not to murder them.

I am aware of time pressures. I would ask hon. Members to bear it in mind that we fund, to a huge extent, the national health service. It is not the national death service. In a recent survey in May of 1,000 GPs, only one in seven was willing to get involved with this Bill. I feel that for vulnerable people the right to die will quickly become the obligation to die. The only thing that deserves a quick death is this Bill and I shall vote against it.