---

Assisted Suicide

This is an issue where life, rather than logic, will change people's minds, but I will have to rely on logic for the moment. In 1961 the act of suicide was legalised, for whatever reason but in a wholly unqualified way, and, cutting through the fine words, what we are considering is legalising not a person killing themselves but, under defined circumstances, a person participating in the killing of another. This debate, to some extent, is a proxy for that, but, we seem to be arguing around and, possibly, avoiding arguing about whether an individual can claim a right in law to request that someone, possibly a state agency or a private individual, assists them in ending their life. It is not clear whether giving people this right puts anyone under an obligation, but it is clear that anyone acting in a way that enables a person to exercise the right would not be committing a crime if the law was changed, just as there are people in Switzerland who kill and volunteer to kill many people but are clearly distinguishable from murderers. The legality of suicide, as presented in the law, is unqualified, but I think that we would all accept that the right to assist suicide has to be qualified to distinguish it from more heinous behaviour. I do not believe that there is any satisfactory way of doing that in law, and there is no evidence that it has ever been done satisfactorily in practice, because the right to assisted suicide is qualified in different ways in different countries—for very good reasons, but normally in an unsatisfactory fashion. In my view, there is no way in which we can qualify this right that will make the potential benefits outweigh the potential harm, even if we set aside the wider potential alleged social harms that may come from embodying euthanasia in our society, such as pressure on the elderly and diminishing respect for disabled people and for life itself. Those are very persuasive arguments, but I would like to concentrate specifically on whether we can free assisted suicide, as a proposition, from all taint of harm, however we qualify it. Most people vigorously assert that consent must be a condition, and there are obviously cases in which it would be nonsense to deny that a person does not fully and knowingly consent. However, it is also abundantly clear that free consent is never a sufficient condition to claim the right for assisted suicide, nor to excuse a person who assisted them. Otherwise, we would tolerate assisted suicide in cases of people who enjoyed tolerable health but may have a range of reasons for wishing to be dead, not all of them laudable. Euthanasia on demand is not, I think, a proposition that anybody in this House cares to advance. In fact, we would all agree that it would be a wholly inappropriate response for people who are mentally ill or temporarily depressed. Consent by itself is never a sufficient condition unless it is coupled with something else, which is usually the possibility of suffering or loss of dignity that an individual is unwilling to bear. It is also usually anticipated as being something that occurs in the last stages of terminal disease, but logically it need not be so. One cannot support euthanasia on the grounds that a level of indignity and suffering characterises a short period before death, and not support it if a lifetime of similar indignity and suffering lies ahead. One cannot easily argue for euthanasia for the terminally ill and not, at the same time, for euthanasia for those who are permanently suffering. It is the character and the extent of the suffering and indignity that counts, not where it is placed in someone's life cycle. Thus, free consent plus great suffering would, on the face of it, appear to make a minimum case for a civilised version of euthanasia. However, there is a sting in the tail. If we allow euthanasia for those who are either in great pain or unwilling to face the probability of great pain, why should those who are, for whatever reason, incapable of giving consent be denied mercy if they are thought to endure exactly parallel circumstances? In other words, why privilege those who are compos mentis—those fortunate enough to have their wits about them? Thus, by force of argument, one moves from being unsure about whether consent is a sufficient condition to being unsure about whether it is a necessary condition.