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2009
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House
Session
Month
Department
Member
More
Primary member
Answering member
Legislative stage
Legislation
Subject
Publisher
To ask Her Majesty's Government further to the Written Answer by Baroness Thornton on 3 November (WA 46), how patients can prove that they requested that artificial hydration or nutrition was not withdrawn in the absence of a written record.
To ask Her Majesty's Government further to the Written Answer by Baroness Thornton on 3 November (WA 46), how patients can prove that they requested that artificial hydration or nutrition was not withdrawn in the absence of a written record.
Asked by
Lord Patten
(Conservative)
Answered by
Baroness Thornton
(Labour)
Type
Written questions
Status
Answered
Answered on
2 December 2009
The recording of discussions between a doctor and patient is a matter of professional practice. Guidance issued by the General Medical Council says: ""You must ensure that decisions are properly documented, including the relevant clinical findings; details of discussions with the patient, health care team, or others involved in decision making; details of treatment given with any agreed review dates; and outcomes of treatment or other significant factors which may affect future care. You should record the decision at the time of, or soon after, the events described. The record should be legible, clear, accurate and unambiguous, for example avoiding abbreviations or other terminology that may cause confusion to those providing care. You must ensure that the records are appropriately accessible to the patient, team members and others involved in providing care to patients".""Source: Withholding and withdrawing life-prolonging treatments—guidance for doctors (2002), paragraph 63."
Subjects
Food; Euthanasia; Patients; Water
Date
2 December 2009
Reference
156; 715 c47WA
House
House of Lords
To ask the Solicitor-General what recent representations the Director of Public Prosecutions has received on his interim policy for prosecutors on assisted suicide.
To ask the Solicitor-General what recent representations the Director of Public Prosecutions has received on his interim policy for prosecutors on assisted suicide.
Asked by
Anne Moffat
(Labour)
Answered by
Vera Baird
(Labour)
Answering body
Solicitor General
Type
Written questions
Status
Answered
Tabled on
23 November 2009
For answer on
26 November 2009
Answered on
26 November 2009
The Director of Public Prosecutions (DPP) published the interim policy for prosecutors in respect of cases of assisted suicide on 23 September 2009. At the same time the CPS launched a 12-week public consultation on it. Up to 20 November 2009, the Crown Prosecution Service (CPS) had received approximately 700 pieces of correspondence in response.
Subjects
Euthanasia; Prosecutions
Date
26 November 2009
Reference
501 c258W; 301677
House
House of Commons
No, we do not. My hon. Friend is right that the law has not been changed.
No, we do not. My hon. Friend is right that the law has not been changed.
Answered by
Vera Baird
(Labour)
Asked by
Rob Marris
(Labour)
Answering body
Solicitor General
Type
Oral answers to questions
The Judicial Committee in the House of Lords put the DPP in an invidious position in asking him to declare the law. That is a matter for Parliament, not the DPP. Do the Government have any plans in the near future to revisit section 2 of the Suicide Act 1961?
Subjects
Euthanasia; Prosecutions
Date
26 November 2009
Reference
501 c666
Chamber / Committee
House of Commons chamber
House
House of Commons
I am grateful for that answer. One of the things that concerns me about the DPP's interim guidance is that serious disability is one of the factors that he will consider in assessing whether a prosecution is not in the public interest. I wonder about the message that that sends out to people with a disability about the extent to which we want a society that helps them live independently and gives them a good quality of life rather than encourages them to take their own lives.
I am grateful for that answer. One of the things that concerns me about the DPP's interim guidance is that serious disability is one of the factors that he will consider in assessing whether a prosecution is not in the public interest. I wonder about the message that that sends out to people with a disability about the extent to which we want a society that helps them live independently and gives them a good quality of life rather than encourages them to take their own lives.
Asked by
Lord Harper
(Conservative)
Answering body
Solicitor General
Oral questions - 1st Supplementary
Status
Answered
Answered on
26 November 2009
I cannot for one minute think that any innuendo of that kind could be appropriately drawn. The court asked the DPP effectively to list, as a policy, all the factors that were capable of being taken into account. That is as far as the reference to disability goes. It would probably be odd to leave out disability caused by, for example, life-limiting illness in a case of someone assisting a suicide. The cases are complex and sensitive, but no innuendo such as that suggested by the hon. Gentleman could possibly be drawn. The DPP is consulting publicly to try to get every factor and to balance them. As the hon. Gentleman well knows, it was not the DPP's wish to produce any guidelines. Let me emphasise again that each such case, when it arises, will be considered carefully on its merits.
Subjects
Euthanasia; Prosecutions
Date
26 November 2009
Reference
501 c666
Chamber / Committee
House of Commons chamber
House
House of Commons
After the House of Lords required the DPP to produce his interim policy for prosecutors on cases of assisted suicide in July, my office was consulted by him, as is appropriate for a superintendent Department. The DPP's interim policy is now the subject of public consultation and a final policy will be issued next year.
Let me emphasise that all cases alleging assisted suicide are assessed on their facts and merits.
After the House of Lords required the DPP to produce his interim policy for prosecutors on cases of assisted suicide in July, my office was consulted by him, as is appropriate for a superintendent Department. The DPP's interim policy is now the subject of public consultation and a final policy will be issued next year.
Let me emphasise that all cases alleging assisted suicide are assessed on their facts and merits.
Answered by
Vera Baird
(Labour)
Asked by
Lord Harper
(Conservative)
Answering body
Solicitor General
Type
Oral answers to questions
What discussions she has had with the Director of Public Prosecutions on his interim policy for prosecutors on assisted suicide.
Subjects
Euthanasia; Prosecutions
Date
26 November 2009
Reference
501 c665-6
Chamber / Committee
House of Commons chamber
House
House of Commons
The Judicial Committee in the House of Lords put the DPP in an invidious position in asking him to declare the law. That is a matter for Parliament, not the DPP. Do the Government have any plans in the near future to revisit section 2 of the Suicide Act 1961?
The Judicial Committee in the House of Lords put the DPP in an invidious position in asking him to declare the law. That is a matter for Parliament, not the DPP. Do the Government have any plans in the near future to revisit section 2 of the Suicide Act 1961?
Asked by
Rob Marris
(Labour)
Answering body
Solicitor General
Oral questions - Supplementary
Status
Answered
Answered on
26 November 2009
No, we do not. My hon. Friend is right that the law has not been changed.
Subjects
Euthanasia; Prosecutions
Date
26 November 2009
Reference
501 c666
Chamber / Committee
House of Commons chamber
House
House of Commons
I cannot for one minute think that any innuendo of that kind could be appropriately drawn. The court asked the DPP effectively to list, as a policy, all the factors that were capable of being taken into account. That is as far as the reference to disability goes. It would probably be odd to leave out disability caused by, for example, life-limiting illness in a case of someone assisting a suicide. The cases are complex and sensitive, but no innuendo such as that suggested by the hon. Gentleman could possibly be drawn. The DPP is consulting publicly to try to get every factor and to balance them. As the hon. Gentleman well knows, it was not the DPP's wish to produce any guidelines. Let me emphasise again that each such case, when it arises, will be considered carefully on its merits.
I cannot for one minute think that any innuendo of that kind could be appropriately drawn. The court asked the DPP effectively to list, as a policy, all the factors that were capable of being taken into account. That is as far as the reference to disability goes. It would probably be odd to leave out disability caused by, for example, life-limiting illness in a case of someone assisting a suicide. The cases are complex and sensitive, but no innuendo such as that suggested by the hon. Gentleman could possibly be drawn. The DPP is consulting publicly to try to get every factor and to balance them. As the hon. Gentleman well knows, it was not the DPP's wish to produce any guidelines. Let me emphasise again that each such case, when it arises, will be considered carefully on its merits.
Answered by
Vera Baird
(Labour)
Asked by
Lord Harper
(Conservative)
Answering body
Solicitor General
Type
Oral answers to questions
I am grateful for that answer. One of the things that concerns me about the DPP's interim guidance is that serious disability is one of the factors that he will consider in assessing whether a prosecution is not in the public interest. I wonder about the message that that sends out to people with a disability about the extent to which we want a society that helps them live independently and gives them a good quality of life rather than encourages them to take their own lives.
Subjects
Euthanasia; Prosecutions
Date
26 November 2009
Reference
501 c666
Chamber / Committee
House of Commons chamber
House
House of Commons
What discussions she has had with the Director of Public Prosecutions on his interim policy for prosecutors on assisted suicide.
What discussions she has had with the Director of Public Prosecutions on his interim policy for prosecutors on assisted suicide.
Asked by
Lord Harper
(Conservative)
Answered by
Vera Baird
(Labour)
Answering body
Solicitor General
Oral questions - Lead
Status
Answered
Tabled on
23 November 2009
For answer on
26 November 2009
Answered on
26 November 2009
After the House of Lords required the DPP to produce his interim policy for prosecutors on cases of assisted suicide in July, my office was consulted by him, as is appropriate for a superintendent Department. The DPP's interim policy is now the subject of public consultation and a final policy will be issued next year.
Let me emphasise that all cases alleging assisted suicide are assessed on their facts and merits.
Subjects
Euthanasia; Prosecutions
Date
26 November 2009
Reference
501 c665-6; 301675
Chamber / Committee
House of Commons chamber
House
House of Commons
To ask the Solicitor-General what the process will be for implementation of the Director of Public Prosecutions' policy on assisted suicide after the conclusion and the public consultation on the interim policy.
To ask the Solicitor-General what the process will be for implementation of the Director of Public Prosecutions' policy on assisted suicide after the conclusion and the public consultation on the interim policy.
Asked by
Virendra Sharma
(Labour)
Answered by
Vera Baird
(Labour)
Answering body
Solicitor General
Type
Written questions
Status
Answered
Tabled on
19 October 2009
For answer on
21 October 2009
Answered on
26 October 2009
The public consultation on the CPS interim policy on cases of assisted suicide will close on 16 December 2009. Thereafter the Director and his team will carefully consider all of the responses received to assess whether the policy should be amended, and if so how. The Director then intends to publish a summary of the responses received and issue the finalized policy by 10 March 2010.
Subjects
Euthanasia; Prosecutions
Date
26 October 2009
Reference
498 c15W; 295045
House
House of Commons
The process that we have is right: the law is settled by Parliament. I have made my views clear on this, and there have been debates in Parliament. The law is settled by Parliament, and if people interpret that law, it must be in line with the decision of Parliament. That is where I stand.
The process that we have is right: the law is settled by Parliament. I have made my views clear on this, and there have been debates in Parliament. The law is settled by Parliament, and if people interpret that law, it must be in line with the decision of Parliament. That is where I stand.
Answered by
Gordon Brown
(Labour)
Asked by
Richard Ottaway
(Conservative)
Answering body
Prime Minister
Type
Oral answers to questions
The Director of Public Prosecutions recently published his interpretation of the law on assisted suicide. Whatever his views on the subject, does the Prime Minister agree that it is not for the public prosecutor to decide on the criminal law of this country? Will the right hon. Gentleman table a substantive motion on the Director of Public Prosecutions' proposals so that we can ascertain the will of the House on this matter?
Subjects
Euthanasia
Date
21 October 2009
Reference
497 c911
Chamber / Committee
House of Commons chamber
House
House of Commons
As someone who was engaged with working people in Northern Ireland for 20 years, may I tell my right hon. Friend how much I welcome his statement? I congratulate him and the leaders of all the parties in Northern Ireland on the great work that they have done to get us to where we are. Will he tell us exactly what we are going to do next to ensure that this is implemented as quickly as possible?
As someone who was engaged with working people in Northern Ireland for 20 years, may I tell my right hon. Friend how much I welcome his statement? I congratulate him and the leaders of all the parties in Northern Ireland on the great work that they have done to get us to where we are. Will he tell us exactly what we are going to do next to ensure that this is implemented as quickly as possible?
Asked by
David Anderson
(Labour)
Answering body
Prime Minister
Prime Minister's questions - Supplementary
Status
Answered
Answered on
21 October 2009
I hope that, when the leaders of the Northern Ireland parties take these proposals back to their parties, they will find that they command support. The next stage is a consultation with the community in Northern Ireland, and that is for the Northern Ireland Executive themselves to trigger. I hope that, in addition to the legislation being passed in the Northern Ireland Assembly, the community consultation will yield the ability of the Northern Ireland parties to have a cross-community vote and to go ahead with the devolution of policing and justice. I believe that we in this Parliament will do everything in our power to make that possible, with legislation that would necessarily come to this House, but it is now for the parties of Northern Ireland to respond to the proposals that we have made. I have seen from the speech made this morning by the First Minister of Northern Ireland, and from the response of the Deputy First Minister, that they are ready to move forward now that the financial proposals have been agreed.
Subjects
Devolution; Northern Ireland; Euthanasia
Date
21 October 2009
Reference
497 c911-2
Chamber / Committee
House of Commons chamber
House
House of Commons
The Director of Public Prosecutions recently published his interpretation of the law on assisted suicide. Whatever his views on the subject, does the Prime Minister agree that it is not for the public prosecutor to decide on the criminal law of this country? Will the right hon. Gentleman table a substantive motion on the Director of Public Prosecutions' proposals so that we can ascertain the will of the House on this matter?
The Director of Public Prosecutions recently published his interpretation of the law on assisted suicide. Whatever his views on the subject, does the Prime Minister agree that it is not for the public prosecutor to decide on the criminal law of this country? Will the right hon. Gentleman table a substantive motion on the Director of Public Prosecutions' proposals so that we can ascertain the will of the House on this matter?
Asked by
Richard Ottaway
(Conservative)
Answering body
Prime Minister
Prime Minister's questions - 1st Supplementary
Status
Answered
Answered on
21 October 2009
The process that we have is right: the law is settled by Parliament. I have made my views clear on this, and there have been debates in Parliament. The law is settled by Parliament, and if people interpret that law, it must be in line with the decision of Parliament. That is where I stand.
Subjects
Euthanasia
Date
21 October 2009
Reference
497 c911
Chamber / Committee
House of Commons chamber
House
House of Commons
I hope that, when the leaders of the Northern Ireland parties take these proposals back to their parties, they will find that they command support. The next stage is a consultation with the community in Northern Ireland, and that is for the Northern Ireland Executive themselves to trigger. I hope that, in addition to the legislation being passed in the Northern Ireland Assembly, the community consultation will yield the ability of the Northern Ireland parties to have a cross-community vote and to go ahead with the devolution of policing and justice. I believe that we in this Parliament will do everything in our power to make that possible, with legislation that would necessarily come to this House, but it is now for the parties of Northern Ireland to respond to the proposals that we have made. I have seen from the speech made this morning by the First Minister of Northern Ireland, and from the response of the Deputy First Minister, that they are ready to move forward now that the financial proposals have been agreed.
I hope that, when the leaders of the Northern Ireland parties take these proposals back to their parties, they will find that they command support. The next stage is a consultation with the community in Northern Ireland, and that is for the Northern Ireland Executive themselves to trigger. I hope that, in addition to the legislation being passed in the Northern Ireland Assembly, the community consultation will yield the ability of the Northern Ireland parties to have a cross-community vote and to go ahead with the devolution of policing and justice. I believe that we in this Parliament will do everything in our power to make that possible, with legislation that would necessarily come to this House, but it is now for the parties of Northern Ireland to respond to the proposals that we have made. I have seen from the speech made this morning by the First Minister of Northern Ireland, and from the response of the Deputy First Minister, that they are ready to move forward now that the financial proposals have been agreed.
Answered by
Gordon Brown
(Labour)
Asked by
David Anderson
(Labour)
Answering body
Prime Minister
Type
Oral answers to questions
As someone who was engaged with working people in Northern Ireland for 20 years, may I tell my right hon. Friend how much I welcome his statement? I congratulate him and the leaders of all the parties in Northern Ireland on the great work that they have done to get us to where we are. Will he tell us exactly what we are going to do next to ensure that this is implemented as quickly as possible?
Subjects
Euthanasia
Date
21 October 2009
Reference
497 c911-2
Chamber / Committee
House of Commons chamber
House
House of Commons
Asked by
Richard Ottaway
(Conservative)
Answered by
Gordon Brown
(Labour)
Answering body
Prime Minister
Prime Minister's questions - Lead
Status
Answered
Answered on
21 October 2009
Notes
Lead question not printed.
Subjects
Euthanasia
Date
21 October 2009
Reference
497 c911; 294245
Chamber / Committee
House of Commons chamber
House
House of Commons
My Lords, the judgment in this case concerned the exercise of prosecutorial discretion which is a matter for the Director of Public Prosecutions. In accordance with the judgment, he has published an interim policy for prosecutors setting out the factors which might be relevant when deciding whether it is in the public interest to prosecute someone for assisting a suicide. It is currently the subject of a public consultation, and the finalised policy is due to be published in spring next year. It is not appropriate for the Government to seek to influence the exercise of this prosecutorial discretion.
My Lords, the judgment in this case concerned the exercise of prosecutorial discretion which is a matter for the Director of Public Prosecutions. In accordance with the judgment, he has published an interim policy for prosecutors setting out the factors which might be relevant when deciding whether it is in the public interest to prosecute someone for assisting a suicide. It is currently the subject of a public consultation, and the finalised policy is due to be published in spring next year. It is not appropriate for the Government to seek to influence the exercise of this prosecutorial discretion.
Answered by
Lord Bach
(Labour)
Asked by
Lord Warner
(Labour)
Type
Oral answers to questions
To ask Her Majesty’s Government what response they will make to the House of Lords judgment of 30 July in the case of R (on the application of Purdy) v Director of Public Prosecutions and to the subsequent action by the Director of Public Prosecutions.
Subjects
Crown Prosecution Service; House of Lords; Euthanasia; Judgements; Prosecutions; Purdy, Debbie
Date
20 October 2009
Reference
713 c562
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I thank my noble friend for that reply. Does he agree that despite the humane attempts by the Law Lords and the DPP to clarify in a sensible way the existing law, it is inevitable that Parliament will need to come back to this issue? Does he further agree that progress in Parliament on clarifying the law on assisted dying might be improved if there were some kind of independent commission—dare I say, a royal commission?—to look dispassionately at the evidence to help Parliament in its deliberations?
My Lords, I thank my noble friend for that reply. Does he agree that despite the humane attempts by the Law Lords and the DPP to clarify in a sensible way the existing law, it is inevitable that Parliament will need to come back to this issue? Does he further agree that progress in Parliament on clarifying the law on assisted dying might be improved if there were some kind of independent commission—dare I say, a royal commission?—to look dispassionately at the evidence to help Parliament in its deliberations?
Asked by
Lord Warner
(Labour)
Oral questions - 1st Supplementary
Status
Answered
Answered on
20 October 2009
My Lords, the Government believe that any change to the law in this area is an issue of individual conscience and, of course, a matter for Parliament to decide. We debated this issue in this House on a free vote on 7 July last and came to a certain conclusion. We think that it is more appropriately dealt with through a Private Member’s Bill and, indeed, I hear that there is a possibility that in another place there may be a couple of Private Members’ Bills that touch on this very sensitive topic. As to whether there should be a royal commission or anything like it, that is an idea that I can take back.
Subjects
Legislation; Euthanasia; Prosecutions; Crown Prosecution Service; House of Lords; Judgements; Purdy, Debbie
Date
20 October 2009
Reference
713 c562
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, the Government believe that any change to the law in this area is an issue of individual conscience and, of course, a matter for Parliament to decide. We debated this issue in this House on a free vote on 7 July last and came to a certain conclusion. We think that it is more appropriately dealt with through a Private Member’s Bill and, indeed, I hear that there is a possibility that in another place there may be a couple of Private Members’ Bills that touch on this very sensitive topic. As to whether there should be a royal commission or anything like it, that is an idea that I can take back.
My Lords, the Government believe that any change to the law in this area is an issue of individual conscience and, of course, a matter for Parliament to decide. We debated this issue in this House on a free vote on 7 July last and came to a certain conclusion. We think that it is more appropriately dealt with through a Private Member’s Bill and, indeed, I hear that there is a possibility that in another place there may be a couple of Private Members’ Bills that touch on this very sensitive topic. As to whether there should be a royal commission or anything like it, that is an idea that I can take back.
Answered by
Lord Bach
(Labour)
Asked by
Lord Warner
(Labour)
Type
Oral answers to questions
My Lords, I thank my noble friend for that reply. Does he agree that despite the humane attempts by the Law Lords and the DPP to clarify in a sensible way the existing law, it is inevitable that Parliament will need to come back to this issue? Does he further agree that progress in Parliament on clarifying the law on assisted dying might be improved if there were some kind of independent commission—dare I say, a royal commission?—to look dispassionately at the evidence to help Parliament in its deliberations?
Subjects
Crown Prosecution Service; House of Lords; Euthanasia; Judgements; Prosecutions; Purdy, Debbie
Date
20 October 2009
Reference
713 c562
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I cannot say that that will necessarily happen, although I can say that the director has done what he was asked to do by the House of Lords Judicial Committee—that is, to draw up guidelines both for and against prosecution. He did that within two months of the judgment of the House of Lords Judicial Committee and he is to be applauded for doing so.
My Lords, I cannot say that that will necessarily happen, although I can say that the director has done what he was asked to do by the House of Lords Judicial Committee—that is, to draw up guidelines both for and against prosecution. He did that within two months of the judgment of the House of Lords Judicial Committee and he is to be applauded for doing so.
Answered by
Lord Bach
(Labour)
Asked by
Lord Elystan-Morgan
(Crossbench)
Type
Oral answers to questions
My Lords, does the Minister not agree that there is a faint irony in that, in the case of Purdy, the director through his learned counsel argued most strongly against the issuing of any specific guidelines? Furthermore, does the Minister agree that central to the whole question of the exercise of formal criteria in relation to prosecution is a rigorous and wide-searching inquiry of investigation into each individual case? In those circumstances, will additional personnel with adequate expertise and experience, be they in the police service or in the office of the Director of Public Prosecutions, be appointed to carry out this massive task?
Subjects
Crown Prosecution Service; House of Lords; Euthanasia; Judgements; Prosecutions; Purdy, Debbie
Date
20 October 2009
Reference
713 c563
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, as it happens, I met the director yesterday and, although I do not want to quote him out of turn, I am pretty sure that he will take any decision that needs to be taken in a case of this kind.
My Lords, as it happens, I met the director yesterday and, although I do not want to quote him out of turn, I am pretty sure that he will take any decision that needs to be taken in a case of this kind.
Answered by
Lord Bach
(Labour)
Asked by
Lord Thomas of Gresford
(Liberal Democrat)
Type
Oral answers to questions
My Lords, the Minister knows that the Director of Public Prosecutions has to consent to a prosecution. Can he give the House an assurance that the Director of Public Prosecutions will take personal decisions in the exercise of his discretion and will personally deal with these matters? Looking at the document that has been produced, the handling arrangements within it suggest that the head of the Special Crime Division might take these decisions.
Subjects
Crown Prosecution Service; House of Lords; Euthanasia; Judgements; Prosecutions; Purdy, Debbie
Date
20 October 2009
Reference
713 c562-3
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, does my noble friend agree that one of the most helpful things in the interim policy is the attempt to draw a distinction between what one might describe as compassionate assistance and malicious assistance, although that would clearly be difficult to prove in a prosecution case? Does my noble friend agree that this might be precisely an area where the kind of independent inquiry suggested by my noble friend who asked the Question would be very useful?
My Lords, does my noble friend agree that one of the most helpful things in the interim policy is the attempt to draw a distinction between what one might describe as compassionate assistance and malicious assistance, although that would clearly be difficult to prove in a prosecution case? Does my noble friend agree that this might be precisely an area where the kind of independent inquiry suggested by my noble friend who asked the Question would be very useful?
Asked by
Baroness Jay of Paddington
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
20 October 2009
My Lords, that area could indeed be something that an inquiry could look at but there are many other areas in the arguments both for and against prosecution that any such inquiry would want to look into. However, I shall take back the point that there should be such an inquiry.
Subjects
Crown Prosecution Service; House of Lords; Euthanasia; Judgements; Prosecutions; Purdy, Debbie
Date
20 October 2009
Reference
713 c563
Chamber / Committee
House of Lords chamber
House
House of Lords