A Study Day on Assisted Dying 30 th November 2012 UK law in relation to assisted dying is indefensible The Society for Ethics & Law in Medicine Dr Peter.

A Study Day on Assisted Dying 30th November 2012

UK law in relation to assisted dying is indefensible

The Society for Ethics & Law in Medicine

Dr Peter Nightingale FRCA, FRCP, FFICM, FRCP Edin

“Whose life is it anyway?” With apologies to Brian Clark

Wide range of backgrounds Ethnic \ Religious \ Cultural Age \ Experience

Role of campaigning groups Observations from other countries Views change over time

PERSONAL FREEDOM

SOCIETAL VIEWS LAW & STATE REGULATION

“Nothing endures but change” – Heraclitus (540-480 BC)

A tipping point?

Suicide Act 1961

1961 CHAPTER 60 9 and 10 Eliz 2

An Act to amend the law of England and Wales relating to suicide, and for purposes connected therewith.

[3rd August 1961]

1 Suicide to cease to be a crime.The rule of law whereby it is a crime for a person to commit suicide is hereby abrogated.

2 Criminal liability for complicity in another’s suicide.(1) A person who aids, abets, counsels or procures the suicide of another, or an attempt by another to commit suicide, shall be liable on conviction on indictment to imprisonment for a term not exceeding fourteen years.

Suicide Act 1961

But 2(4) requires the DPP to adjudicate!

Suicide Act 1961 - amended in 2009

This conflicts with: many patient’s wishes the Government’s desire to put the patient at the centre

of decisions about their care the mood of the public and politicians

And, the DPP’s role may confuse the public

Hence the law needs to change

Section 2A person (D) commits an offence if –

(a) D does an act ... encouraging or assisting the suicide

Commission on Assisted Dying 2012

... the current legal status of assisted suicide is “inadequate and incoherent”

Changes to the Suicide Act 1961? Legislation should be ‘permissive' not 'prescriptive‘ It would then be 'not unlawful‘ to participate

Appropriate safeguards must be robust

Changes to the Suicide Act 1961?

•Correct diagnosis and outcome understood

•Well informed and competent

Reassurance on fear of the dying process

Symptom control \ Depression

•No external pressure \ Multiple signatories

•Coroner accepts \ Registered as Assisted Dying

•Correct diagnosis and outcome understood

•Well informed and competent

Reassurance on fear of the dying process

Symptom control \ Depression

•No external pressure \ Multiple signatories

•Coroner accepts \ Registered as Assisted Dying

Legislation should be ‘permissive' not 'prescriptive‘ It would then be 'not unlawful‘ to participate

Appropriate safeguards must be robust

Changes to the Suicide Act 1961? Legislation should be ‘permissive' not 'prescriptive‘ It would then be 'not unlawful‘ to participate

Appropriate safeguards must be robust There would be no obligation to participate

The default position would remain non-participation Those willing to assist would not fear prosecution Would support the wishes of many patient

A pragmatic solution to a difficult debate?

Thank you

And do the right thing – vote for the motion