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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George Howarth Portrait Mr George Howarth (Knowsley) (Lab)
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Will my hon. Friend give way?

Rob Marris Portrait Rob Marris
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No, I said I could not take any more interventions.

Let me quote from a report by Barbara Coombs Lee, published in the Annals of the New York Academy of Sciences, entitled “Oregon’s experience with aid in dying: findings from the death with dignity laboratory”. Barbara Coombs Lee declared no conflict of interest when she submitted that paper, although I have to tell Members that she is involved with Compassion & Choices in Denver Colorado. The paper was published in July 2014. I hope, Madam Deputy Speaker, in light of the need for evidence, that you will show me some latitude in quoting not at considerable length, but at a little more length than is usual. She says:

“The data set from a variety of sources confirms that those who complete an aid-in-dying request are equally divided between genders and mostly white, well educated, insured”—

this is the United States—

“and receiving hospice services. Several commentators who articulated concerns about the DWDA—

the Dying with Dignity Act or the Oregon Act—

“have publicly stated that their fears about abuse of the vulnerable have not materialized. One commented, ‘I was worried about people being pressured to do this. But these data confirm that the policy in Oregon is working. There is no evidence of abuse or coercion or misuse of the policy.”

Ten years after that Act had been in operation in Oregon, the University of Utah examined its operation and the data arising from it. I quote from it prudently again. The university

“found no evidence of heightened risk for the elderly, women, the uninsured, people with little education, the poor, the physically disabled or chronically ill, minors, people with psychiatric illnesses or racial or ethnic minorities. The only group disproportionately represented among aid-in-dying patients was people with AIDS.”

It continued:

“The executive director of the disability advocacy group, Disability Rights Oregon testified before the American Public Health Association in 2007 that he had no knowledge of any cases in Oregon to contradict the findings of that report.”

[Interruption.] One of my hon. Friends says from a sedentary position, “So it is about disabled people.” No, it is not about people with disabilities. However, I understand, and so did the author of this report, that there are concerns and that is why that evidence has been looked at, and I seek, as did the author of that report, to allay those concerns.

Lord George Carey, the former Archbishop of Canterbury, has said:

“There is nothing sacred about suffering, nothing holy about agony, and individuals should not be obliged to endure it.”

I agree with him.

When we talk about choice, some hon. Members need reminding of section 1(4) of the Mental Capacity Act 2005, for which many Members present today, including me, voted. That subsection states:

“A person is not to be treated as unable to make a decision merely because he makes an unwise decision.”

We need to bear in mind that different people faced with the same set of circumstances on occasions make different choices, and at the moment the law in England and Wales has not got the balance right between protection and choice. My Bill would provide more protection, particularly for the living, and more choice. Most of those who would fulfil the criteria in the Bill will, for faith or other reasons, never choose an assisted death. I do not know whether I would, if I had a terminal illness and a prognosis of less than six months, but I and many others would find it comforting to know that the choice was available—to have the option of choosing a dignified and peaceful end at a time and place and in a manner of my own choosing at my own hand.

There has been a trend in our society, which I support, that if the exercise of a choice does not harm others, in a free society we should allow that choice.

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Caroline Spelman Portrait Mrs Spelman
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My right hon. Friend demonstrates one of the dilemmas that the Bill presents.

The National Council for Palliative Care has said:

“We believe the current Assisted Dying Bill puts vulnerable people at risk, without improving access to care”.

The heart of the issue of assisted dying goes deeper still, however—to society’s attitudes to ageing, to death and to dying. Why do so many people say, “I don’t want to be a burden”? In societies that revere the elderly, there is less fear among old people that they impose a strain on everyone else. One of my constituents put it like this:

“We are born into dependency, we rely on the goodwill of others even when we are in our prime, and dependency is a necessary feature of our senior years.”

The Archbishop of Canterbury has said that this Bill would lead Britain to cross

“a fundamental legal and ethical Rubicon”.

Respect for life underpins our criminal and human rights laws, as well as the Hippocratic oath, taken by all our doctors, to promote life. The Bill challenges that respect for life. It would result in a major shift in these principles, fundamentally changing the relationship between a doctor and their patient. It would not just legitimise suicide, but promote the participation of others in it. Even if we consider assisted dying to be acceptable in some circumstances, the law should not be changed.

George Howarth Portrait Mr George Howarth
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The right hon. Lady talked about people feeling that they did not want to be a burden, as though that was not a rational choice to make. In some circumstances, however, it can be perfectly rational for someone to say, “I do not want to be a burden on my family or on the health service, and this is probably the end of my life.”

Caroline Spelman Portrait Mrs Spelman
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Let me put a rational question back to the right hon. Gentleman. How is it that senior members of our society have reached a point at which they feel they might be a burden? The increasing secularisation of society has contributed to this, because the Christian principle of honouring our fathers and mothers must have become weakened if our parents and grandparents are starting to feel that they are a burden to us.