A debate in the House of Commons on 27 March saw MPs decide not to call for the current guidance on prosecutions for assisted suicide to be placed on a statutory footing.
MPs did however pass a motion to welcome the guidelines, issued in 2010 by Keir Starmer QC, the Director of Public Prosecutions (DPP). They also backed an amendment to encourage the further development of specialist palliative care and hospice provision.
DPP Guidelines
Assisting or encouraging a suicide remains illegal and punishable by up to 14 years’ imprisonment. It is the DPP’s job to decide in any given case whether there is enough evidence to bring a prosecution and whether to do so would be in the public interest.
The 2010 DPP ‘Policy to Prosecutors in Respect of Cases of Encouraging or Assisting Suicide’ suggested that if compassion was the primary motivating factor then a prosecution would not be in the public interest.
There have been concerns, however, that since the guidelines were introduced the law has been weakened as there have been fewer prosecutions.
Debate
During the debate, Jacob Rees-Mogg MP questioned how prosecutors could be sure that someone assisting suicide is motivated by compassion rather than other factors. Frank Field MP noted that some relatives have vested interests in a patient's death.
For the Government, Solicitor General Edward Garnier said he viewed statutory guidelines as a risk to the independence of prosecutors.
Disabled MP Paul Maynard said assisted suicide sends message that some lives, such as those of the disabled, are not worth living.
Fiona Bruce MP noted that a palliative care specialist told her that doctors are concerned that legal assisted suicide would put them in very difficult position regarding their patients. She observed that that UK is a world-leader in hospice care and that this should be encouraged.
Care Not Killing Comment
Following the debate, Care Not Killing Director, Dr Peter Saunders, said:
“MPs have today given a ringing endorsement to the need for the further development of specialist palliative care and hospice provision in which Britain is already a world leader. We welcome this move to strengthen existing services and to make the highest quality care more accessible and available.
“They have also today, as expected, given endorsement to the DPP policy on assisted suicide, which enables the DPP to exercise discretion in bringing prosecutions on a case by case basis, whilst upholding a blanket prohibition on all assistance or encouragement with suicide.
“Any attempt to decriminalise assisted suicide or euthanasia would result in a huge escalation of cases as seen in jurisdictions like Oregon and the Netherlands. As determined by a previous House of Lords enquiry, with an Oregon or Netherlands type law in Britain we would have 1,000 and 13,000 cases respectively annually.
“We were particularly pleased to see the Solicitor General and many MPs stressing the importance of parliament allowing the DPP to exercise independent judgement on a case by case basis and the rejection of an attempt to micromanage and fetter him through a call for a parliamentary consultation aimed at placing his guidance on a statutory footing. This resulted in an amendment to this effect by pro-euthanasia MPs being unanimously voted down.
“We will continue to emphasise the importance of investigating all cases of alleged assistance with suicide and appropriate application of the guidelines to ensure that the law is properly upheld and that vulnerable people are protected from being placed under pressure to end their lives.”
Christian Concern
Andrea Minichiello Williams, CEO of Christian Concern, said:
“We welcome the debate and also the call for better palliative care.
“We are concerned that the 2010 DPP guidelines have weakened the law on assisted dying and therefore we are pleased that the guidelines will not be put on a statutory footing.
“It is of great importance that the law provides vital protections for those who are the most vulnerable in society. People who are suffering need to be shown compassion, protected from those who would abuse them and also protected from being made to feel under any pressure to die.”
Resources
Christian Concern: End of Life
Policy to Prosecutors in Respect of Cases of Encouraging or Assisting Suicide