Anna Soubry is right: we must stop fudging issue of assisted dying

Compassion should win the argument

The new health Minister Anna Soubry has articulated the view of many people, a clear majority according to opinion polls, who feel that the current law on assisted dying is out of date. 

As is well documented, over the last decade Britons have been travelling abroad to die. But, this is just one part of the problem. Dying Britons have also been ending their lives at home, sometimes with the assistance of loved ones, and evidence suggests that some doctors are illegally helping their patients to die. None of this occurs within a legal framework, agreed by Parliament, which allows healthcare professionals to openly discuss and support, if upfront safeguards are met, a dying patient’s request to die. 

Instead, we muddle along with a fudge. The Director of Public Prosecutions (DPP), understandably reluctant to prosecute those who have helped a loved one to die, has set out factors for and against prosecution that effectively decriminalises compassionate amateur assistance. However, the assistance of a doctor or a nurse in a professional capacity is a specific factor in favour of prosecution. In fairness to the DPP his hands are largely tied by statute. Only Parliament can create a safeguarded process of assisted dying. Their failure to do so to date means that we have effectively outsourced assisted dying to family members and the Swiss. No wonder Anna Soubry described the law as “ridiculous and appalling”.  

Of course, there are valid concerns about changing the law. Some fear that it would put people under pressure, real or imagined, to die. But, the evidence from those countries that have legalised and regulated some form of assistance to die shows this fear to be misguided. In the US state of Oregon, where assisted dying was legalised in 1997, assisted dying works safely and effectively. Eligibility has never been extended beyond terminal illness, and numbers are low – assisted deaths have never amounted to more than 0.25 per cent of all deaths per year – and there is no evidence that potentially vulnerable groups (such as people with disabilities, or people who are over 85) are negatively affected.

In reality it is the current fudge that does not sufficiently protect people. Surely people would be better protected if the law thoroughly examined a person’s request to die when they are still alive. Our society is built on the premise of trusting competent adults to make decisions for themselves – such as the right to refuse treatment. To safeguard against undue influence we advocate informed decision making via access to relevant information. When it comes to assisted dying this is not achieved by turning a blind eye, but rather by allowing dying patients who wish to control the time and manner of their death the option of discussing their wish and their alternative choices with healthcare professionals. A process that would also allow healthcare professionals to assess diagnosis, prognosis, competence and whether there has been any undue influence.

Dignity in Dying in partnership with the All-Party Parliamentary Party on Choice at the End of Life is currently consulting on a draft assisted dying bill. The consultation closes on 20 November, and its aim is to create the most robust assisted dying bill possible that both enables choice at the end of life and offers better protection. We would ask anyone interested in this important issue to make their views known, whether supportive or opposed. A final report will be published next year at which point the former Justice Secretary Lord Falconer has committed to bringing a private members bill in the House of Lords.

Three countries in Europe and two States in the US already allow some form of assistance to die, and they look set to be followed shortly by France and Canada. It’s time Britain followed suit. Not only is it the compassionate thing to do, but it also provides the best means of protection for patients at the end of life when they are at their most vulnerable.

James Harris is the director of campaigns and communications at Dignity in Dying

The late Tony Nicklinson who fought for the right to die with doctors' assistance. Photograph: Getty Images
Campaign pictures/Office of Jorge Sharp
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Meet Jorge Sharp, the rising star of Chile’s left who beat right-wingers to running its second city

The 31-year-old human rights lawyer says he is inspired by Jeremy Corbyn’s alternative politics as he takes the fight to the Chilean establishment.

Bearded, with shaggy hair, chinos and a plaid shirt, 31-year-old Jorge Sharp does not look like your typical mayor elect. But that does nothing to stop him speaking with the conviction of one.

“Look, Chile is a country that solely operates centrally, as one unit,” he says. “It is not a federal country – the concentration of state functions is very compact. In reality, most of the power is in Santiago. There are many limitations when it comes to introducing significant changes [in local areas].”

In October, Sharp upset Chile’s political status quo by defeating establishment rivals in the mayoral election of Valparaíso, the second city of South America’s first OECD country. He is taking office today.

Often compared to Podemos in Spain, Sharp’s win was significant – not only as yet another example of voters turning against mainstream politics – because it denied Chilean right-wing candidates another seat during local elections that saw them sweep to power across the country.

As the results rolled in, Conservative politicians had managed to snatch dozens of seats from the country’s centre-left coalition, led by President Michelle Bachelet, a member of Chile’s Socialist Party.

Sitting in one of Valparaíso’s many bohemian cafes, Sharp accepts the comparison with Podemos gracefully but is keen to make sure that Chile’s new “autonomous left” movement is seen as distinct.

“What we are doing in Chile is a process that is difficult to compare with other emerging political movements in the world,” he says. “We are a distinct political group and we are a modern force for the left. We are a left that is distinct in our own country and that is different to the left in Spain, in Bolivia, and in Venezuela.”

Sharp’s Autonomous Left movement is not so much a party rather than a group of affiliated individuals who want to change Chilean politics for good. Considering its relatively small size, the so-called Aut Left experienced degrees of success in October.

Chilean voters may have punished Bachelet – also Chile’s first female leader – and her coalition after a number of corruption scandals, but they did not turn against left-wing politics completely. Where they had options, many Chileans voted for newer, younger and independent left-wing candidates. 

“We only had nine candidates and we won three of the races – in Punta Arenas, Antofagasta and Ñuñoa, a district of Santiago,” he says. “We hope that the experience here will help us to articulate a national message for all of Chile.”


Campaign pictures/Office of Jorge Sharp

For Sharp, the success of Jeremy Corbyn, Donald Trump and the pro-Brexit movement are due to people fed up – on a global scale – with their respective countries’ mainstream political parties or candidates. Given that assumption, how would he describe the cause of his own election success?

“The problem in Chile, and also for the people in Valparaíso, is that the resources go to very few people,” he says. “It was a vote to live better, to live differently. Our project for social policy is one that is more sufficient for all the people. It’s a return to democracy, to break the electoral status quo.”   

Sharp – like many – believes that the United States’ Democrat party missed out by passing up the opportunity to break with the status quo and choose Bernie Sanders over the chosen nominee Hillary Clinton. “They would have been better off with Sanders than Clinton,” he believes. 

“The [people] in the US are living through a deep economic crisis. These were the right conditions for Trump. The people weren’t looking for the candidate from the banks or Wall Street, not the ‘establishment’ candidate. The way forward was Sanders.”

Turning to other 2016 geo-political events, he claims Brexit was a case of Britons “looking for an answer to crises” about identity. Elsewhere in South America, the tactics of former Colombian president Álvaro Uribe – who led the “No” vote campaign against peace with the Farc – were “fundamentally undemocratic”.

In the future, Sharp hopes that he and the rest of the Autonomous Left will be better-prepared to take power in higher offices, in order to further reform social policy and politics in Chile.

“For these elections, we weren't unified enough,” he concedes. “For 2017 [when national elections take place], we will have one list of parliamentary candidates and one presidential candidate.”

And while Sharp clearly sympathises with other left-wing movements in countries throughout the world, this is not a call for a unified approach to take on the rise of the right.

“Every country has its own path,” he finishes. “There is no single correct path. What we need to do [in Chile] is articulate a force that’s outside the political mainstream.”

Oli Griffin is a freelance journalist based in Latin America.