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view of many people, a clear majority according to opinion polls, who feel that the current law on assisted dying is out of date.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
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Leader: The chaos and mendacity of Trump’s White House

That General Flynn was the first of the president’s men to fall should perhaps not have caused surprise.

In his inauguration speech on 20 January, Donald Trump used the phrase “American carnage” to ­describe the state of the US under Barack Obama. The description was correct, but President Trump had the timing wrong – for the carnage was still to come. Just a few weeks into his presidency, the real-estate billionaire and reality-TV star has become embroiled in more controversy and scandals than Mr Obama experienced in eight years. His ban on citizens from seven Muslim-majority countries entering the US caused chaos at airports both at home and abroad and damaged America’s global standing. It was a false claim that the executive order, since suspended by the courts, would make the US safer. By alienating and stigmatising Muslims, it may well do the opposite.

The decision to pursue the policy so recklessly and hastily demonstrates Mr Trump’s appalling judgement and dubious temperament. It also shows the malign anti-Islamic influence of those closest to him, in particular his chief strategist, Steve Bannon, his senior adviser Stephen Miller, and Michael Flynn, the retired general who on 13 February resigned as ­national security adviser after only 24 days in the job.

That General Flynn was the first of the president’s men to fall should perhaps not have caused surprise, given his reputation for anger and arrogance. As recently as August, the retired three-star general said that Islamism was a “vicious cancer inside the body of 1.7 billion people” and falsely claimed that Florida Democrats had voted to impose sharia law at state and local level. He also led the chants of “Lock her up!” aimed at Hillary Clinton during the Republican ­National Convention, which would have been appreciated by Mr Trump then and today by those who enjoy irony.

Now General Flynn is under investigation by justice officials. He resigned over revelations in the media, most notably the Washington Post, that before taking office he had discussed US sanctions against Moscow with the Russian ambassador. It is unlawful for private citizens of the US to ­interfere in diplomatic disputes with another country.

Before standing down, General Flynn had publicly denied talking about sanctions during calls and texts with Ambassador Sergey Kislyak in late December. He had also issued misleading accounts of their conversation to Vice-President Mike Pence and other Trump officials who went on to defend him. Given President Trump’s propensity to lie, General Flynn may have believed that he could get away it. As the former chief of a Pentagon spy agency, however, he should have known that the truth would come out.

The FBI had wiretaps of the ambassador’s conversations with General Flynn. In January, the acting US attorney general – later sacked by President Trump for opposing his “Muslim ban” – informed the White House that General Flynn had lied about his communications with the ambassador and was potentially vulnerable to Russian blackmail. Yet it took newspaper revelations about the intercepts to bring the national security adviser down. American carnage, indeed.

The disruptive present

How has capitalism shaped the way we work, play and eat – and even our sense of identity? Nine writers explore the cutting edge of cultural change in the latest instalment of our New Times series in this week's magazine.

The past decades have brought enormous changes to our lives. Facebook became open to the public in 2006, the first iPhone was launched in June 2007 and Netflix launched in the UK in 2012. More and more of us are ceaselessly “on”, answering emails at night or watching video clips on the move; social media encourages us to perform a brighter, shinier version of ourselves. In a world of abundance, we have moved from valuing ownership to treating our beliefs as trophies. The sexual vocabulary and habits of a generation have been shaped by online pornography – and by one company, MindGeek, in particular. We cook less but love cookery shows. We worry about “fake news” as numbers of journalists decline. We have become gender consumers, treating it as another form of self-expression. These shifts in human behaviour have consequences for politics and politicians. “The question should always be,” as Stuart Hall wrote in 1988, “where is the ‘leading edge’ [of change] and in what direction is it pointing?” The question is even more apposite today.

This article first appeared in the 16 February 2017 issue of the New Statesman, The New Times