1-3 of 3 results for subject:Euthanasia
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My Lords, the Supreme Court judgment in 2014 that the Minister quoted a moment ago, among other things, implied very strongly that the current law is incompatible with human rights legislation and hinted that Parliament should resolve this issue, otherwise the courts themselves would. If there is an incompatibility between the blanket ban on assisted dying and human rights legislation, should it not be resolved in Parliament rather than by judges?
My Lords, the Supreme Court judgment in 2014 that the Minister quoted a moment ago, among other things, implied very strongly that the current law is incompatible with human rights legislation and hinted that Parliament should resolve this issue, otherwise the courts themselves would. If there is an incompatibility between the blanket ban on assisted dying and human rights legislation, should it not be resolved in Parliament rather than by judges?
My Lords, in the case of Nicklinson, the Supreme Court determined by a majority of seven to two that there should be no declaration of incompatibility with the convention on human rights. It did of course observe that this was a matter that should be looked at by Parliament, and since that judgment, it has been looked at by Parliament on two distinct and separate occasions. Parliament has expressed its views on this matter.
To ask Her Majesty’s Government whether they have issued guidelines as to whether those who assist a family member to end their lives in the Dignitas clinic in Switzerland can expect to be prosecuted.
To ask Her Majesty’s Government whether they have issued guidelines as to whether those who assist a family member to end their lives in the Dignitas clinic in Switzerland can expect to be prosecuted.
My Lords, the Crown Prosecution Service published a policy in respect of cases of encouraging or assisting suicide in February 2010. This sets out factors that may be relevant in deciding whether prosecution for assisting suicide is in the public interest.
As ever, I am grateful to my noble and learned friend. This morning the Supreme Court, in a landmark decision, said that the current law may be incompatible with human rights law, and that it might very well rule on this. It also said that it is our duty in Parliament to decide these issues. It put the onus back on us to decide. We will have that opportunity in a few weeks’ time with the Assisted Dying Bill of the noble and learned Lord, Lord Falconer. There are reports, which I hope I have misheard, that there may be an attempt to stifle discussion of these very important matters by voting the Bill down at Second Reading. Does my noble and learned friend agree that it would be inappropriate—and, indeed, highly irresponsible—to cut off debate on such a sensitive issue, given the passions on both sides about this hugely important question?
As ever, I am grateful to my noble and learned friend. This morning the Supreme Court, in a landmark decision, said that the current law may be incompatible with human rights law, and that it might very well rule on this. It also said that it is our duty in Parliament to decide these issues. It put the onus back on us to decide. We will have that opportunity in a few weeks’ time with the Assisted Dying Bill of the noble and learned Lord, Lord Falconer. There are reports, which I hope I have misheard, that there may be an attempt to stifle discussion of these very important matters by voting the Bill down at Second Reading. Does my noble and learned friend agree that it would be inappropriate—and, indeed, highly irresponsible—to cut off debate on such a sensitive issue, given the passions on both sides about this hugely important question?
My Lords, I am certainly aware of the judgment passed down by the Supreme Court this morning. In a preliminary consideration of it I agree with my noble friend that it indicated that it is a matter that Parliament ought to consider. The Government will take a collective view on the Assisted Dying Bill of the noble and learned Lord, Lord Falconer, to respond to that debate. It is fair to say that historically it has been a matter of individual conscience, which the Prime Minister confirmed in April this year. Therefore, it would be inappropriate for me from this Dispatch Box to indicate what noble Lords should or should not do on 18 July. I fully expect, however, that on a complex issue that raises passions on both sides—which I very much respect—your Lordships, in traditional manner, will give proper consideration to a range of arguments including, no doubt, the judgment passed down by the justices of the Supreme Court.