Terminally Ill Adults (End of Life) Bill Debate
Full Debate: Read Full DebateLord Pannick
Main Page: Lord Pannick (Crossbench - Life peer)Department Debates - View all Lord Pannick's debates with the Home Office
(1 day, 17 hours ago)
Lords ChamberMy Lords, I will focus on the content of existing law relating to end-of-life issues. I do so to make the point that the current law recognises the fundamental importance of autonomy. It rejects the absolute sanctity of life, about which we have heard much from the Bishops’ Benches and noble Lords, and the Bill will introduce greater dignity and greater safeguards than currently exist.
There are two basic legal principles. The first is that you have a legal right to end your life. Since the enactment of the Suicide Act 1961, attempted suicide is no longer a crime. You do not need to satisfy a panel of doctors or psychiatrists. There is no special protection against your relatives. If you are a competent adult, the doctors cannot require you to eat, to have a blood transfusion or chemotherapy, and they cannot stop you going to Dignitas. Why is that? Because the law recognises that it is your life, and so it is your decision, and because the law rejects the absolute sanctity of life.
There is a second legal principle that follows from this, and it is that the health system has a legal duty in some circumstances to take positive steps to implement your wish to end your life. I will give noble Lords an example: the case of Re B (Adult, refusal of medical treatment) [2002] 2 All ER 449. This was an adult woman who was paralysed from the neck down. She was dependent on an artificial ventilation machine to breathe. She wanted the machine turned off: she wanted to die because of the poor quality of her life. Her doctors declined to do so, so she applied to the courts for an order that they do so. The noble and learned Baroness, Lady Baroness Butler-Sloss, then the president of the Family Division, granted that order. She said the woman was an adult; she was of sound mind; it was her decision whether to live or die.
Parliament has intervened in this area. We made provision by the Mental Capacity Act 2005, Sections 24 to 26, to allow an adult of sound mind to make an “advance decision” refusing treatment to prolong their life, should the occasion ever arise, and should the person at that time lack the capacity to indicate their wishes.
I have one other example. When Tony Bland, a victim of the 1989 Hillsborough football stadium tragedy, was in a persistent vegetative state with no prospect of recovery and could not express a view about whether to live or die, the Appellate Committee of this House decided in 1993 that because he had no quality of life, there was a legal duty on the health authority to end his life support—to pull the plug. That is what the doctors did, and there have sadly been many similar tragic cases since.
For this Bill to authorise doctors to assist a person to end their life by providing a drug so they can die with dignity is entirely consistent with well-established legal principles which respect autonomy on end-of-life decisions. The Bill contains many more safeguards than already exist. It enables terminally ill people to end their life in a less painful and more humane manner than starving themselves to death or otherwise committing suicide, or travelling to Switzerland.
Because we are restricted to four minutes.
I support the Bill. I look forward to debate—including debate with the noble Lord, Lord Carlile—in Committee. Thank you.