Recently a panel
of nine Supreme Court Justices (the UK’s highest court) turned down a challenge
to the status quo on the ‘right to die’ brought by the widow of Tony Nicklinson
– the “locked-in syndrome” sufferer who fought a long campaign for assisted
suicide – and Paul Lamb, another severely disabled man.
But, in a
highly significant intervention, Lord Neuberger, the court’s president, said
that they were doing so partly “to enable Parliament to consider the position”.
He continued that if MPs and peers do not give serious consideration to
legalizing assisted suicide there is a “real prospect” a future legal challenge
would succeed.
At the same
time, on June 5 there was the first reading of the “Assisted Dying Bill” in the
House of Lords proposed by Lord Falconer of Thoroton (a former Labour Cabinet
Minister). This was a formality and merely starts the process: the debate will
be on July 18. In summary this is to “Enable competent adults who are terminally ill to be
provided at their request with specified assistance to end their own life; and
for connected purposes.”
In effect
this would enable terminally ill patients deemed to have no more than six
months to live to be prescribed a fatal dose of drugs and is apparently largely
modeled on a system operating in the US state of Oregon. The Bill will require
patients to demonstrate that they have reached a “clear and settled intention”
to end their life.
Clearly
there are good arguments on both sides and it is unlikely that a way forward
will be found that will answer them all.
Interestingly the former Archbishop of Canterbury, George Carey, has
spoken out in favour of the bill saying “promoting anguish and pain, the very
opposite of a Christian message of hope”. The current incumbent disagrees. It
isn’t an easy subject but has to be debated.
One can
only look at personal experience. My mother had cancer over many years: it was
a bone cancer and she suffered a great deal of pain on a daily basis. Whether pain
control is better these days (she died 30 years ago) I don’t know but it wasn’t
then. She was remarkably brave and even stoic and lived life to the fullest
extent possible. However, having suffered many of those dark moments when the
pain was almost unbearable her greatest fear was dying in pain.
Some months before she died, she told me that her GP had assured her that if,
at some point, the pain became unendurable he would ensure she had the means to
take her life. (I wouldn’t write this if both parties were still alive.) At the time I didn’t believe that he would and wouldn’t have minded had he done so. The thought that she had the control
gave her the courage to continue. She died peacefully of kidney failure so it
was never tested. I never asked him the question because he would not have been
able to give me the answer “yes”.