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House of Lords Official Report Vol. 755 Friday No. 28 18 July 2014 PARLIAMENTARY DEBATES (HANSARD) HOUSE OF LORDS OFFICIAL REPORT ORDER OF BUSINESS Assisted Dying Bill [HL] Second Reading..............................................................................................................775 Written Answers .........................................................................................................WA 147 £4·00 Lords wishing to be supplied with these Daily Reports should give notice to this effect to the Printed Paper Office. No proofs of Daily Reports are provided. Corrections for the bound volume which Lords wish to suggest to the report of their speeches should be clearly indicated in a copy of the Daily Report, which, with the column numbers concerned shown on the front cover, should be sent to the Editor of Debates, House of Lords, within 14 days of the date of the Daily Report. This issue of the Official Report is also available on the Internet at www.publications.parliament.uk/pa/ld201415/ldhansrd/index/140718.html PRICES AND SUBSCRIPTION RATES DAILY PARTS Single copies: Commons, £5; Lords £4 Annual subscriptions: Commons, £865; Lords £600 LORDS VOLUME INDEX obtainable on standing order only. Details available on request. BOUND VOLUMES OF DEBATES are issued periodically during the session. Single copies: Commons, £105; Lords, £60 (£100 for a two-volume edition). Standing orders will be accepted. THE INDEX to each Bound Volume of House of Commons Debates is published separately at £9·00 and can be supplied to standing order. All prices are inclusive of postage. The first time a Member speaks to a new piece of parliamentary business, the following abbreviations are used to show their party affiliation: Abbreviation Party/Group CB Cross Bench Con Conservative Con Ind Conservative Independent DUP Democratic Unionist Party GP Green Party Ind Lab Independent Labour Ind LD Independent Liberal Democrat Ind SD Independent Social Democrat Lab Labour Lab Ind Labour Independent LD Liberal Democrat LD Ind Liberal Democrat Independent Non-afl Non-affiliated PC Plaid Cymru UKIP UK Independence Party UUP Ulster Unionist Party No party affiliation is given for Members serving the House in a formal capacity, the Lords spiritual, Members on leave of absence or Members who are otherwise disqualified from sitting in the House. © Parliamentary Copyright House of Lords 2014, this publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 775 Assisted Dying Bill [HL][18 JULY 2014] Assisted Dying Bill [HL] 776 Critics of my Bill cite the voluntary euthanasia laws House of Lords of Belgium and the Netherlands as an example of the slippery slope. In fact, it is not a slippery slope but a Friday, 18 July 2014. deliberate path chosen by legislators in those countries. From the beginning, they created laws that allowed 10 am both dying and non-dying people to be directly helped to die based on a subjective analysis of suffering. The Prayers—read by the Lord Bishop of Carlisle. Belgian and Dutch laws provide no evidence of a slippery slope. More accurately, they confirm that the law you enact is the law you get. That is why it is so Assisted Dying Bill [HL] important that we get it right from the outset. I have Second Reading built on the Oregon model, but with more safeguards. I reject the Belgian and Dutch approach. 10.07 am Clause 1 of this Bill enables an adult who is terminally Moved by Lord Falconer of Thoroton ill to request to be given assistance to end their own life. No other person, including the patient’s doctor, That the Bill be read a second time. family and partner, is able to initiate the process of requesting an assisted death. Clause 2 defines “terminally Lord Falconer of Thoroton (Lab): My Lords, in the ill” and “terminal illness” as applying to a person who last stages of a terminal illness, there are people who is expected to die from a terminal illness within six wish to end their life rather than struggle for the last months. few months, weeks, days or hours. Often it is not the Clause 3 sets out the safeguards. First, the patient pain that motivates such a wish, but the loss of must sign a declaration, witnessed by an independent independence and dignity. Those who love them often witness, that it is their “clear and settled intention” try to help, sometimes by going with them to Switzerland. that they wish for an assisted death. Secondly, two Nobody wants assisters who are motivated by compassion doctors must countersign the declaration. Before to be prosecuted. The courts and the prosecution countersigning, the two doctors, authorities recognise this impulse and have tried to “having separately examined the person and the person’s medical steer a course between Section 2 of the Suicide Act records and each acting independently of the other, must be 1961 and the desire not to enforce it. But the current satisfied that the person— situation leaves the rich able to go to Switzerland, the (a) is terminally ill; majority reliant on amateur assistance, the compassionate treated like criminals and no safeguards in respect of (b) has the capacity to make the decision to end their own life; and undue pressure. Many people, caring so much for those they leave behind, are dying earlier and alone (c) has a clear and settled intention to end their own life which has been reached voluntarily, on an informed basis and without because they fear implicating their loved ones in a coercion or duress”. criminal enterprise. They horde pills or put a plastic bag over their head when they are alone. In deciding whether to countersign the declaration, the two doctors, It is time for a change in the law, but only a very limited and safeguarded change. Good-quality end-of-life “must be satisfied that the person making it has been fully care can alleviate much of the suffering of the dying informed of the palliative, hospice and other care which is available”, process and we must continue to strive to improve it. to him or her. These safeguards are set out expressly in However, a minority of those who are dying, no the Bill. While the Secretary of State has a power matter how good the end-of-life care, do not wish to under Clause 8 to issue codes of practice to provide go on struggling. The principle of this Bill is that those guidance to doctors in discharging their roles under who are terminally ill should have choice over how the Bill, the safeguards themselves and the conditions they die, but subject to effective safeguards that prevent that need to be satisfied before an assisted death can pressure or abuse. It would lead not to more deaths, occur are spelt out in the Bill. Those who suggest that but to less suffering. Disabled or older people without the safeguards are not in the Bill are mistaken. a terminal illness would not be eligible for an assisted Clause 4 sets out the practical arrangements for death. The Bill does not legalise voluntary euthanasia providing medicines to enable a terminally ill person where a doctor directly administers life-ending medication; to end their own life. The attending doctor would rather, it provides that the final act in an assisted death write a prescription for the necessary medication, but must be taken by a patient who has mental capacity it would be delivered only after a 14-day cooling-off both at the time of the request and at the time of their period for reflection, or six days if both doctors agree death. that the person is likely to die within one month. The Oregon’s Death with Dignity Act has been in place attending doctor, or another doctor or nurse authorised for 17 years. It enables someone who is terminally ill to by the attending doctor, would deliver the medicine at request the option of an assisted death. There has the patient’s request after the period of reflection had been no evidence of abuse since its inception. Only a passed, check that the person had not revoked or did small number of patients have an assisted death—fewer not wish to revoke their declaration and remain with than 80 in total in 2013—out of the annual 30,000 deaths the person until the medicine had been taken and the in Oregon. Around 40% of dying people who meet the person had died, or the person had declined to take it. strict safeguards to obtain life-ending medication never The person would have to administer the medication use it, simply taking comfort from having the option. himself or herself. If a patient has lost the ability to 777 Assisted Dying Bill [HL][LORDS] Assisted Dying Bill [HL] 778 [LORD FALCONER OF THOROTON] as it is in the general population. The general population swallow or finds it very difficult, the Bill makes provision supports the change at a level of above 70%; among for a syringe driver to be installed. However, it would the disabled the level is 79%. be illegal for a healthcare professional directly to There is a common goal, whichever side of the administer the medication. The final action must always debate you are on, for a law that shows compassion to be taken by the patient. the well motivated who help someone to end their life Clause 5 enables health professionals to refrain on when they already have a terminal illness, but in a way the grounds of conscientious objection from assisting that provides proper safeguards against abuse and a person to die in accordance with the Bill. Clause 12 pressure. The Lords, working constructively together, contains a sunset provision, which would enable the can craft such a law.
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