The debate continues on assisted suicide

Sharon O’Connor of Beauchamps Solicitors looks at the recommendations made by the UK’s Commission on Assisted Dying with regard to the issue of assisted suicide.

Some 134 people from the UK and six individuals from Ireland travelled to Dignitas in Switzerland to die between 1998 and 2009. Assisted suicide and euthanasia are illegal both in Ireland and in the UK, so those wishing to make this decision must travel to one of the four locations in which assisted suicide is authorised: Belgium, the Netherlands, Oregon in the United States and Switzerland.

Assisting in the death of another person is punishable by up to 14 years’ imprisonment. In the UK, there has been a shift in attitude in recent years, with the Director of Public Prosecutions issuing guidelines in February 2010, recommending that those assisting another in committing suicide should not be prosecuted in certain circumstances.

These guidelines were issued in response to a legal challenge by Debbie Purdy, a sufferer of progressive multiple sclerosis, who wanted to ensure that her husband would not be prosecuted should he play a part in her death.

Commission on Assisted Dying
In addressing the need for a new legal framework, 12 advocates for change formed the Commission on Assisted Dying in November 2010. These include a former Metropolitan Police Commissioner, a former president of the General Medical Council, a leading consultant of disability equality, an Anglican priest and medical, mental health, palliative care and social care specialists.

The group was commissioned by the campaign group Dignity in Dying and it was funded by the author Terry Pratchett, who is himself a sufferer of Alzheimer’s disease, and Bernard Lewis, a businessman.

Following a year’s investigation, which involved taking evidence from legal, medical and religious experts as well as from people with personal experience in the area, the Commission published its report early this year, on 5 January, 2012.

This concluded that the current legal status of assisted suicide is both inadequate and incoherent and opined that assisted dying should be offered as a choice to terminally ill patients, provided that stringent safeguards are observed. The Commission not only suggested a new legal framework, but also recommended that substantial improvements be made to health and social care services so that high quality end-of-life care is universally available.

Eligibility criteria
The Commission has implemented strict eligibility criteria with which a person must comply before they can proceed with requesting an assisted death:
•    The person concerned is aged 18 years or over and has a diagnosis of terminal illness;
•    The person is making a voluntary choice that is an expression of his or her own wishes and is not unduly influenced by others;
•    The person has the mental capacity to make a voluntary and informed choice, and the person’s decision-making is not significantly impaired as a result of mental health problems such as depression.

In addition to these eligibility criteria, certain safeguards would be put in place such as:
•    The person who requests an assisted death is fully informed of all the options available to them for treatment, care and support and still wishes to proceed;
•    An assessment to determine if the person meets the eligibility criteria is provided by at least two doctors who are wholly independent of each other;
•    The patient must take the final action to end their own life.

The report from the Commission has angered pro-life campaigners, such as the Care Not Killing Alliance, who fear that a change in the law will increase the pressure on vulnerable people to end their lives, so as not to be a burden to their loved ones.

It remains to be seen how the UK Parliament will tackle this issue. However, it is clear that the legislation needs to be updated: the current authority being the Suicide Act, 1961. Whatever the outcome, it may not be the case that change, once restricted, is indicative of a slippery slope.

• Sharon O’Connor, Solicitor,
  Beauchamps Solicitors.
  Email:
  s.o’connor@beauchamps.ie