Dignity in Dying

Christine Jardine Excerpts

Wednesday 8th December 2021 Commons Chamber

[Mr Mitchell]

My hon. Friend makes a very good point, and I will come directly to that.

My aim in this debate is not to persuade all colleagues of the rightness of this cause but to make two clear points: first, that this is a debate about the real-life consequences of our blanket ban on assisted dying; and secondly, that there are real examples from overseas of how it can be done better.

In the past several days, we have seen the rules on international travel tighten once again; in the space of a week, the Swiss Government closed their borders to travellers from the UK unless they undertook a quarantine of 10 days, before changing the rules back a few days later. The dismay that that has caused people seeking an assisted death in Switzerland is overwhelming, with their having to spend their final days confined to a hotel room, scrambling to update plans when time and energy are in such short supply, and unable to have all—or perhaps any—of their loved ones there to accompany them. The already cruel situation where British citizens can have the death they want only if they travel to another country becomes yet more unacceptable when even that most exceptional option can be withdrawn with such short notice. That is not to blame Switzerland; it is the fault of our own failure as a country to provide that option at home, preferring to outsource our compassion to another country.

Last year, I raised the question of travel during the pandemic with the Secretary of State for Health and Social Care. He confirmed that the ban on travelling overseas did not apply to those travelling for an assisted death in another country. That announcement was a welcome relief to many, although it once again highlights our heavy reliance on other jurisdictions to provide our own citizens with the deaths that they want.

[Christine Jardine (Edinburgh West) (LD)]

rose—

[Mr Mitchell]

I will get a little further with my case, and then I will certainly give way.

Furthermore, this leniency does nothing for those who cannot afford a trip to Switzerland; who cannot access the necessary medical records; who cannot travel due to illness or disability; or who cannot access the services of Dignitas for a host of other reasons. It forces all those who accompany the dying person to break the law and run the risk of prosecution on their return to this country.

I am saddened to tell the House that David Peace has today died at Dignitas; it is a coincidence that he happened to die today. Many colleagues may have seen a touching interview with David over the summer, in which he spoke about his desire to control his death, rather than let motor neurone disease choose his death for him. Earlier this week, before he left this country—his home—for Switzerland, David said:

“I have terminal motor neurone disease, a fatal illness for which there is no treatment or cure. It has robbed me of my ability to speak, swallow, balance and walk. It is rampaging through my body, paralysing my muscles. Nothing will stop it. Palliative care cannot give me the death I want, I simply want the right to die on my own terms...My only option has been to plan an assisted death at Dignitas in Switzerland, which I have done in meticulous detail over the past few months. Though stressful and hugely expensive, this has given me comfort and peace of mind. Covid-19 measures have been a real concern throughout this year, knowing that travel restrictions or lockdowns could jeopardise my plans”.

He continued:

“The emotional and logistical nightmare I have endured over the past few days would have been avoided entirely under the Assisted Dying Bill, which would have enabled me to go peacefully and with dignity in my own home at a time of my choosing.”

David’s call is echoed by another proud Englishmen, Ray Illingworth, the legendary English and Yorkshire cricketer, who was diagnosed with oesophageal cancer a year ago. He said this of having to go abroad to obtain an assisted death:

“If that was the only option I would, but we shouldn’t have to do that. I’d like to be put to sleep in peace in my own home in Yorkshire.”

Ray has represented his country, and is now asking his country to help him have the choice of dying on his own terms.

Those who cannot travel to Switzerland have only a few agonising choices here at home. For many, our world-leading palliative and end-of-life care will ensure a peaceful and dignified death, but even with the very best care, 17 people a day will die in excruciating pain, to say nothing of those who die with uncontrollable symptoms, or without dignity in their final days. For those who wish to hasten their death, the option remains open of withdrawing from life-sustaining treatment, or voluntarily stopping eating and drinking with the intention of hastening death; but there is no option to take direct steps to end one’s own life with medical support.

Perhaps most tragic are the cases in which dying people, trapped in pain and despair, decide to end their life by suicide. The best estimates are that hundreds of suicides every year are of people living with a terminal illness. I know from speaking to people who have direct experience of losing their loved one to suicide that these dreadful decisions are taken not lightly, but as a last, desperate choice, due to the lack of a safeguarded assisted dying option.

We must be honest about recognising the victims of our laws—the dozens of our citizens who feel they must travel overseas to achieve the death that is right for them; the hundreds of terminally ill people who die by their own hand; and the thousands of people who die beyond the reach of the very best end-of-life care we can offer. Every year, we condemn too many people to becoming casualties of a law that lacks compassion and public support, and belongs to a bygone age.

--- Later in debate ---

[Christine Jardine]

The right hon. Gentleman is making a very powerful speech on a highly emotive issue. He mentioned Liam McArthur’s Bill in the Scottish Parliament, which was the subject of consultation, and there is movement in Scotland. The right hon. Gentleman spoke of the reticence of some Members or their reluctance still to make their minds up. Does he share my hope that they will take confidence from what is happening in the Scottish Parliament and the support among the public to have the courage of their convictions, if and when legislation comes before this place?

[Mr Mitchell]

I thank the hon. Lady very much for her intervention. It must be the case, and I am sure my hon. Friend the Member for Devizes (Danny Kruger) will agree, that all Members of Parliament will be following what happens in Scotland with the greatest possible care. It is an issue that, wherever we stand on the debate, greatly exercises Members of the House of Commons.

I wish to draw colleagues’ attention to the process envisaged by the Scottish Parliament for a debate on this issue. A proposal has been lodged in the Parliament and the initial consultation will close in two weeks’ time. In the new year there will be an analysis of the responses to the consultation, which will feed into the drafting of the Bill. Once drafted, the Bill will be examined in detail by Select Committees, calling for evidence from stakeholders across society. Only once that pre-legislative scrutiny has been completed will the legislation be debated on the floor of their Parliament.

Here in this House we lack anything like such a comprehensive system. Our system for considering private Members’ legislation is entirely inadequate when debating such an important issue. The Government have rightly determined that it should be neutral on the principle of assisted dying, but I invite my hon. Friend the Minister to recognise that neutrality on the legislative process, rather than on the principle, has the effect of siding with the status quo. A refusal to facilitate the debate is a de facto opposition to law change.

Finally, I will ask the Minister some questions about specifics of how the laws in neighbouring jurisdictions would work together. As she will no doubt be aware, the General Medical Council, the Nursing and Midwifery Council and other healthcare regulators operate on a UK-wide basis. Can she confirm that if either Jersey or Scotland were to legalise assisted dying, any health and care professional who participated in and followed the requirements of that law would not face prosecution?

The Minister may also be aware that the issue of conscientious objection has previously been treated as a reserved matter by the Scottish Parliament. It should be common ground that, whatever our view on assisted dying, health and care professionals should not have to actively participate in the practice if they believe it contravenes their conscience and beliefs. I understand that the Government’s position is that conscientious objection is in fact already within the competence of the Scottish Parliament: can she confirm to the House that that is the case, and to what extent any legislation on conscientious objection in the Scottish Parliament would contravene the devolution settlement or require the approval of the UK Government?

Finally, I ask the Minister to update the House on the work commissioned by the former Secretary of State, my right hon. Friend the Member for West Suffolk (Matt Hancock), to be undertaken by the Office of National Statistics on the number of terminally ill people who end their own lives by suicide. All of us in this House wish to tackle and reduce the number of suicides, attempted suicides and incidents of self-harm, but in order to do that, it is imperative to understand why many people take that most desperate decision.