A disabled man, who claims that he is being “discriminated against” under the current law on assisted suicide, has had his case heard before the Court of Session in Edinburgh.
Gordan Ross (66), a former TV producer who was diagnosed with Parkinson’s disease, asked the Court to order the Lord Advocate to produce guidance on whether any person who helps him to end his life will face prosecution.
Judge Lord Doherty reserved his decision in the case and will hand down judgment at a later date.
Inappropriate
Lawyers for the Lord Advocate said it would be inappropriate for the court to make any order whilst a Bill seeking to change the law on assisted suicide was still being considered by the Scottish Parliament.
Gerry Moynihan QC said: “The Lord Advocate’s policy is crystal clear. There is no lack of clarity requiring any further statement.”
Guidance
In 2010, the former Director of Public Prosecutions, Keir Starmer, issued guidelines stating that participants in an assist suicide are unlikely to face prosecution if they acted “wholly out of compassion”. The guidelines, which came following a legal case supported by campaigners for assisted suicide, were further liberalised in 2014 to make the prosecution of doctors and nurses in assisted suicide cases less likely.
The guidelines apply to England and Wales, but not Scotland.
“Protect the vulnerable”
Mr Ross claimed that he was being “discriminated against” as a disabled person because he was unable to take his life own life without assistance.
But Andrea Williams of Christian Concern said: “Whilst Mr Ross has found himself in an immensely difficult situation, it would be disproportionate to put the safety of thousands of vulnerable people at risk to fulfil the wishes of a small number of individuals. Hard cases make bad law.
“In England and Wales, we have seen how legal action - backed by the pro-assisted suicide lobby - leads to further pressure for a weakening of the law on assisted suicide.
There have been no prosecutions since the DPP issued new guidelines making prosecutions less likely in some assisted suicide cases. We hope that the Court of Session – and the Scottish Parliament – will not be swayed by the publicity surrounding hard cases and will act to protect the most vulnerable in our midst.”
Assisted suicide Bill
A vote on the Assisted Suicide (Scotland) Bill is expected to take place in the Scottish Parliament at the end of May.
A report by the Holyrood Health and Sport Committee recently concluded that the Bill contained “significant flaws" which “present major challenges as to whether the bill can be progressed.”
It noted the comments of the British Medical Association which said “there is no way to guarantee the absence of coercion in the context of assisted suicide.”
Related News:
Watch as disability campaigner Nikki Kenward responds to Assisted Suicide Challenge High Court hearing outcome
High Court grants permission for Assisted Suicide challenge
Director of Public Prosecutions 'is making the law rather than applying the law' in assisted suicide change
Related Coverage:
Disabled grandfather brings 'right to die' case to court (BBC)