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A Hasty UK Law Can't Guide the Deeply Personal and Painful Decision of How to Die

Monday, 23 September 2024 09:06 Opinion

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A simplistic bill on a deeply nuanced issue like assisted dying risks failing to protect the most vulnerable. As Labour heads into its conference this weekend, it faces a crucial reminder from the Starmerite think tank, Labour Together. Their analysis of the party’s recent victory offers a clear message: Labour has been “cautiously hired, on probation,” with the risk of being swiftly dismissed if it strays from voters’ key priorities. The takeaway is simple: avoid getting sidetracked by personal or controversial projects. This advice is one No. 10 should take seriously.

Last week, it was reported that Keir Starmer’s team is quietly pushing MPs who topped the private member’s bill ballot to advance legislation on assisted dying—a reform not included in Labour’s manifesto but one Starmer personally supports. However, this is a major and sensitive issue, one prone to significant abuse, with inadequate groundwork laid for the necessary safeguards or measures to ensure proper oversight.

Private members' bills allow backbench MPs to introduce legislation, and securing a top spot in the ballot at the beginning of a parliamentary session offers the best shot at passing a bill. MPs can either propose their own legislation—often influenced by campaign groups offering ready-made bills—or take on a "handout" bill, where the government asks MPs to advance less controversial or technical changes it hasn’t had time to pursue. While these bills face many procedural hurdles, their chances of becoming law are much higher when they have the government’s quiet backing.

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Keir Starmer has been clear about his support for changing the law on assisted dying. He voted in favor of a bill to legalize it in 2015 and has frequently expressed his personal backing for such a reform. However, significant concerns remain about the lack of sufficient safeguards in current proposals, both from campaigners and within parliament.

Proponents of legalizing assisted dying for terminally ill patients, who are expected to have less than six months to live, often present the idea as a "modest" and "narrow" change. But this is far from the truth. There is no concrete definition of a “terminal” illness, and many medical experts agree that it’s impossible to predict life expectancy beyond a few days with any certainty. This means the law could potentially apply to a broader range of conditions, giving doctors significant leeway in what they approve.

While I sympathize with the belief that individuals suffering immense pain should have the autonomy to choose when to end their life, relying on the approval of doctors or a judge is not a sufficient safeguard. How will they truly determine if someone is making an independent choice, free from coercion or external pressure? We already know that some judges in family courts struggle to recognize coercive control in relationships, let alone detect whether relatives might be influencing a vulnerable person’s decision, perhaps for reasons linked to caregiving burdens or financial motives, particularly in a society where social care remains severely underfunded.

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What about the subtle pressures individuals may feel to end their lives, believing it’s the right thing to do to avoid becoming a burden, once society formally permits such a choice? How could we ever fully grasp if this system is being misused, especially when any potential victims of state-sanctioned wrongful deaths are no longer with us? And how might this disproportionately affect women? None of these crucial concerns have been thoroughly explored or addressed in the debates so far.

Supporters of the legislation have often been dismissive, with one particularly naive MP mocking safeguarding concerns as “the idea that the country is full of granny killers.” Parliament cannot afford to simply accept the proposals put forward by campaigners without proper scrutiny. These pressing questions demand examination by an impartial expert body, such as a royal commission or the Law Commission, to ensure all risks are adequately weighed.

However, there is a danger that behind-the-scenes pressure from the government could lead to these reforms being rushed through with little oversight in a new parliament. While Starmer has promised a free vote on the issue, reports that No. 10 is nudging Labour MPs who topped the ballot to introduce a bill raise concerns. It’s easy to imagine the private conversations: this is a prime ministerial priority, a chance to make a significant mark by passing major social reform. Although the vote may not be officially whipped, many ambitious new MPs, aware of Starmer’s personal views, may feel inclined to support it.

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Some argue that passing legislation on assisted dying would be no different from the decriminalization of homosexuality, the legalization of abortion, or the abolition of the death penalty—reforms achieved through private members’ bills in the 1960s. However, the moral framework for those changes was far more straightforward, and extensive pre-legislative work had been conducted by royal commissions and cross-departmental committees to shape the legislation appropriately. In contrast, no such groundwork has been done for assisted dying.

So, why the haste? It likely stems from Starmer's personal convictions, shaped by his time as director of public prosecutions when he adjusted Crown Prosecution Service policy on assisted suicide. His reform ensured that prosecutions would only occur if deemed in the public interest, resulting in just 24 cases between 2009 and 2024, including those tied to more serious crimes like homicide.