To ask Her Majesty's Government whether the National Institute for Health and Care Excellence (NICE) has developed or accredited any (1) information, or (2) guidance, to support clinicians to care for a person living with a progressive or terminal illness who wishes to voluntarily stop eating and drinking with the...

To ask Her Majesty's Government whether the National Institute for Health and Care Excellence (NICE) has developed or accredited any (1) information, or (2) guidance, to support clinicians to care for a person living with a progressive or terminal illness who wishes to voluntarily stop eating and drinking with the...

Lords second reading. Amendment debated and withdrawn. Second reading agreed to on question. Committed to a Committee of the Whole House.

Lords second reading. Amendment debated and withdrawn. Second reading agreed to on question. Committed to a Committee of the Whole House.

To ask Her Majesty’s Government what assessment they have made of whether the threat of prosecutions under the Suicide Act 1961 is causing suffering to mentally competent, terminally ill people at the end of their lives.

To ask Her Majesty’s Government what assessment they have made of whether the threat of prosecutions under the Suicide Act 1961 is causing suffering to mentally competent, terminally ill people at the end of their lives.

My Lords, the Minister will be aware that Ann Whaley recently took her husband, Geoff, to Dignitas for a peaceful death. Geoff suffered from motor neurone disease and faced the complete loss of any movement and the ability to speak, swallow, eat, drink or breathe without a ventilator. In answer to a question from Ann, Lord Sumption, our Reith lecturer, said that the assisted dying law—that is, the prohibition of assisted dying—should remain but that compassionate families should break the law. I find that remarkable.

If a former Supreme Court judge is telling people to break the law, does that not indicate that the law itself is broken and should be reformed? What plans do the Government have to prepare for a change in this broken law so that terminally ill people who suffer unbearably—there are a number of them—and have only six months to live can have a peaceful death?

My Lords, the Minister will be aware that Ann Whaley recently took her husband, Geoff, to Dignitas for a peaceful death. Geoff suffered from motor neurone disease and faced the complete loss of any movement and the ability to speak, swallow, eat, drink or breathe without a ventilator. In answer to a question from Ann, Lord Sumption, our Reith lecturer, said that the assisted dying law—that is, the prohibition of assisted dying—should remain but that compassionate families should break the law. I find that remarkable.

If a former Supreme Court judge is telling people to break the law, does that not indicate that the law itself is broken and should be reformed? What plans do the Government have to prepare for a change in this broken law so that terminally ill people who suffer unbearably—there are a number of them—and have only six months to live can have a peaceful death?

My Lords, indeed Geoff Whaley did die a dignified death in Switzerland last Thursday, but most people cannot afford to take their family to Switzerland for such a death, or they cannot get the medical report from their doctor to enable them to have such a death. Does the Minister agree that, in a civilised society, someone in Geoff Whaley’s position should be able to avoid months of being unable to swallow, eat, drink, speak or move—totally, therefore, cut off from communication? Will the Minister discuss with his colleagues what can be done to change the law?

My Lords, indeed Geoff Whaley did die a dignified death in Switzerland last Thursday, but most people cannot afford to take their family to Switzerland for such a death, or they cannot get the medical report from their doctor to enable them to have such a death. Does the Minister agree that, in a civilised society, someone in Geoff Whaley’s position should be able to avoid months of being unable to swallow, eat, drink, speak or move—totally, therefore, cut off from communication? Will the Minister discuss with his colleagues what can be done to change the law?

My Lords, I thank the Minister for that reply. As he indicated, there has never been a Government-supported Bill on this issue. The Minister will be aware of Noel Conway, a terminally ill mentally capacitous patient who is taking his case to the High Court and, no doubt, ultimately to the Supreme Court. Noel is challenging the current law, which denies him his fundamental human right, when his suffering becomes unbearable, to have help to achieve a dignified death. Does the Minister agree with the 82% of the population and the 86% of disabled people who support Mr Conway and want a change in the law so that when their turn comes to face death, they can live their last months in peace, safe in the knowledge that if their suffering becomes unbearable, they can have professional help to end it? Will the Minister seek the support of his colleagues for an ethical Bill along these lines in the future?

My Lords, I thank the Minister for that reply. As he indicated, there has never been a Government-supported Bill on this issue. The Minister will be aware of Noel Conway, a terminally ill mentally capacitous patient who is taking his case to the High Court and, no doubt, ultimately to the Supreme Court. Noel is challenging the current law, which denies him his fundamental human right, when his suffering becomes unbearable, to have help to achieve a dignified death. Does the Minister agree with the 82% of the population and the 86% of disabled people who support Mr Conway and want a change in the law so that when their turn comes to face death, they can live their last months in peace, safe in the knowledge that if their suffering becomes unbearable, they can have professional help to end it? Will the Minister seek the support of his colleagues for an ethical Bill along these lines in the future?

To ask Her Majesty’s Government whether they have any plans to legalise assisted dying for terminally ill capacitous adults, with appropriate safeguards.

To ask Her Majesty’s Government whether they have any plans to legalise assisted dying for terminally ill capacitous adults, with appropriate safeguards.

I thank the Minister for his reply, but he will know that a majority of the Supreme Court justices in the Nicklinson case took the view that the current law is in breach of Article 8 of the human rights convention. They deferred making a declaration of incompatibility only to allow time for Parliament to pass a law to change the situation. Does the Minister accept that a Private Member’s Bill debated on Friday immediately after the Summer Recess was not an adequate response to the Supreme Court justices, and that it is now time for the Government, with Parliament, to pass legislation to allow help to be given to mentally competent terminally ill people who have a consistent wish to avoid unbearable suffering at the very end of their lives?

I thank the Minister for his reply, but he will know that a majority of the Supreme Court justices in the Nicklinson case took the view that the current law is in breach of Article 8 of the human rights convention. They deferred making a declaration of incompatibility only to allow time for Parliament to pass a law to change the situation. Does the Minister accept that a Private Member’s Bill debated on Friday immediately after the Summer Recess was not an adequate response to the Supreme Court justices, and that it is now time for the Government, with Parliament, to pass legislation to allow help to be given to mentally competent terminally ill people who have a consistent wish to avoid unbearable suffering at the very end of their lives?

To ask Her Majesty’s Government what assessment they have made of the constitutional implications of the Supreme Court’s 2014 judgment in the case of R (Nicklinson) v Ministry of Justice [2014] UKSC 38.

To ask Her Majesty’s Government what assessment they have made of the constitutional implications of the Supreme Court’s 2014 judgment in the case of R (Nicklinson) v Ministry of Justice [2014] UKSC 38.

My Lords, does the Minister accept that the principle of patient autonomy is now at the centre of medical decisions throughout our lives until the very end when that right to one’s autonomy is withdrawn? I understand that the Minister cannot take a view on one or other side of the argument, but do the Government and the Minister accept that it is of the utmost importance that the Second Reading is allowed in order to satisfy the 75% to 80% of the public who support the Bill—and, indeed, the wishes of the courts?

My Lords, does the Minister accept that the principle of patient autonomy is now at the centre of medical decisions throughout our lives until the very end when that right to one’s autonomy is withdrawn? I understand that the Minister cannot take a view on one or other side of the argument, but do the Government and the Minister accept that it is of the utmost importance that the Second Reading is allowed in order to satisfy the 75% to 80% of the public who support the Bill—and, indeed, the wishes of the courts?

To ask Her Majesty’s Government what assessment they have made of the level of support for a change in the law on assisted dying for people with a terminal illness.[HL39]

To ask Her Majesty’s Government what assessment they have made of the level of support for a change in the law on assisted dying for people with a terminal illness.[HL39]