Terminally Ill Adults (End of Life) Bill Debate
Full Debate: Read Full DebateLord Evans of Rainow
Main Page: Lord Evans of Rainow (Conservative - Life peer)Department Debates - View all Lord Evans of Rainow's debates with the Ministry of Justice
(1 day, 13 hours ago)
Lords ChamberMy Lords, I have tabled four amendments towards the end of this group, Amendments 317, 346, 457 and 512, which are in identical terms. They are designed to ensure that a person seeking a state-assisted death is not acting out of a temporary feeling of fear, panic or anxiety in relation to their diagnosis and prognosis. I am grateful for the support of the noble Baroness, Lady Fox, and the noble Lord, Lord Farmer. I can testify that when a person is told that they have a terminal illness with only a year or so at best to live, it is difficult to think rationally. It does not occur to you that it will often be a wholly inaccurate prognosis or that specialist palliative care can deal with most pain. My amendments therefore seek to ensure that the assessing doctors are satisfied that a person seeking a state-assisted death is not acting from such feelings of panic.
The noble and learned Lord the sponsor may say in response that the Bill already requires the doctor to ascertain whether the person has a “clear, settled” wish to end their life. However, it seems to me that a person can have such a clear and settled wish as a temporary result of fear, panic or anxiety. These amendments seek to raise the threshold at which an assessing doctor can be satisfied that the person has such a clear and settled wish.
It is at moments like that, when people are at their most vulnerable, that great care needs to be taken to ensure that they do not opt to go down a path which, on deeper and longer reflection, they might decide is wholly unnecessary or inappropriate for them. Yes, in theory they can change their mind later, but many people might feel reluctant, for all sorts of reasons, to reverse their decision once they are on that track, so the initial discussions with the assessing doctor are critically important.
A full specialist palliative care assessment, which was in an amendment I previously tabled in Committee that was rejected by the noble and learned Lord the sponsor, would help to ensure that they are not acting out of despair, fear, anxiety or panic, since it would put a pause on the whole process and ensure that their wish to end their life was properly informed, as required by the Bill. Both these sorts of amendments strike me as obviously desirable in a Bill of this nature, and I urge the noble and learned Lord the sponsor to avoid the need to have to bring them back on Report.
My Lords, Amendments 158 and 163 are in my name. I will speak also to Amendments 157 and 164, in the name of my noble friend Lord Ahmad, who cannot be with us here today. Amendment 157 in my noble friend’s name
“seeks to ensure that a doctor may not raise assisted suicide with a patient who has ‘opted-out”’.
The statement on Amendment 158 in my name says:
“The Bill appears to permit any doctor to raise ending a patient’s life, even if they have no prior relationship with the patient. This amendment specifies that a preliminary discussion can only take place with a registered medical practitioner who has known the patient for a minimum of six months”.
Amendment 164 in my noble friend’s name would insert:
“If a person has informed their general practitioner that they do not wish to discuss the subject of the provision of assistance in accordance with this Act, that fact must be added to their medical records, and a registered medical practitioner must not discuss it with them”.
In his observations on the previous group, the noble Lord, Lord Deben, made a powerful point. He said that, based on his experience as a constituency MP, many members of the public are worried by doctors and hospitals, so when we debate medical issues in this House and put legislation on the statute book, it worries very great numbers of the population. It reminded me of my grandmother, who died 10 years ago. She lived until she was 97, but she had a theory that if you went into hospital, you did not come out alive. When I went to see her in East Cheshire Hospice—an outstanding hospice—at the age of 97, she grabbed hold of my arm and said, “What did I tell you? They’re trying to kill me. Get me out of this place”. But she died a very dignified death.
It was similar with my 90 year-old mother. There was an outstanding family GP service that knew our family, and we knew the GPs. There was good service from the local NHS, outstanding palliative care and, again, the outstanding East Cheshire Hospice. The glue that helped my family members to have a dignified death was that of a loving family. On a previous day in our debates, the noble Lord, Lord Harper, made a powerful point: it is okay if you have a loving family network around you to take care of you and think of your interests when interacting with doctors and hospitals. But he then referred to those people who are poor, lonely and ill, and without the loving network around them to look after them.
A recent case happened that was very close to your Lordships’ House. A noble friend was admitted to a regional general hospital with sepsis: a very ill friend indeed. One issue that the noble Lord, Lord Goodman, mentioned was about the NHS and the pressures on it, whether through funding or at times of stress, such as when the junior doctors are on strike. An assessment was made that my noble friend needed to be operated on urgently—a life-saving operation—but, because of the junior doctors’ strike, they were unable to get the necessary staffing for the operation, so the decision was made that they could not operate on my noble friend. My noble friend’s daughter was distraught, as you can imagine, so she contacted the Whips’ Office and asked whether they could help.
Your Lordships’ House is full of eminent clinicians. A Member of your Lordships’ House was able to find a crew that could operate on my noble friend in London. All they had to do was extract her from the NHS hospital in the regions and bring her down to the private hospital in London, which was duly done. However, they could not operate on my noble friend because she was dehydrated. The decision had been made in that regional hospital to not continue with food and liquids. The good news is that, when she was rehydrated, they operated. I am very happy to say that my noble friend made a full recovery and to this day makes a huge contribution to this House from our Front Bench.