ALERT

Defending Vulnerable People's Right to Live

Thursday March 11, 2010

Baroness Campbell's speech on Lord Falconer
| | Submitted on 06/07/2009

From: Paliament.uk

Baroness Campbell of Surbiton: Before I begin, I need to remind the Committee that the usual channels have allowed my noble friend Lady Wilkins to finish my speech should I be unable to do so, but I hope to be able to do it myself, as I have a lot to say on this issue.

I shall speak against the amendment moved by the noble and learned Lord, Lord Falconer. It is the overarching intention of the amendment that I want to address; I shall leave the detail of the legal implications to my noble and learned friends. The culture that the amendment will bring about is something that I think noble Lords need to think about. I simply point out that if we go with the amendment, we turn the traffic lights from red to green on state-sanctioned assisted dying, albeit in another country.

Be under no illusion that this is not about disability. It is. I tick every box of the definition of the noble and learned Lord, Lord Falconer, for going to Switzerland

7 July 2009 : Column 613

to die. I could go tomorrow and, believe me, I would have no problem persuading two doctors. Indeed, three years ago, two doctors persuaded me that my life was at an end and that it was time for me to go on my way, as they put a DNR notice on my medical records. So it is about disabled people, and it is about people with terminal conditions.

Many of your Lordships will remember that these issues were discussed in much detail when the Assisted Dying for the Terminally Ill Bill, introduced by the noble Lord, Lord Joffe, was debated in 2004. I did not have the honour of being a Member of your Lordships' House at the time, so I was not in the Chamber. However, I was not far away. I was across the road in Old Palace Yard with more than 100 other disabled people with terminal conditions—motor neurone disease, multiple sclerosis; you name it, we were there. We were protesting against that Bill. We were not alone. Many people joined us.

Why were the terminally ill there? Why were disabled people there? After all, the noble Lord, Lord Joffe, had stated time and again that his aimed was to help us. We were there for a very simple reason: because we feared for our lives and the lives of hundreds of other disabled people if the Bill were to become law. Our belief was that if the state were to sanction any person to assist another in the ending of that person's life, it would switch the mindset of doctors and those who would help us in this country to thinking that that is what we really want—the very people who need every encouragement to live and not to succumb to society's prevalent view that our situation is so tragic, so burdensome, so insufferable that surely we must want to die. It takes an extraordinary will to rise above such views, and many do not, especially when those views are held by our loved ones. That is when it is the hardest.

Concern about the Assisted Dying for the Terminally Ill Bill led to the formation of an organisation that we naughtily called, Not Dead Yet UK. I have T-shirts at home; you can have one if you like. The name is taken from the long-established group of disabled and terminally ill people in the United States. Their experience of Oregon, and the potential for other states to adopt similar legislation, has heightened the fear of disabled and terminally ill people in America. It has not lessened it. It does not bring comfort, as so many people think that the amendment will bring in this country.

Noble Lords will be aware that not a single organisation of or for terminally ill people or older people supports this assisted dying legislation. That includes organisations that advocate on behalf of people with motor neurone disease and multiple sclerosis—two disabling conditions that are often referred to when describing who would benefit most from the legislation. Today, an open letter imploring noble Lords to resist the amendment was delivered to a newspaper with more than 20 signatories from disabled leaders and organisations for disabled people, including the chief executives of Radar and the National Centre for Independent Living.

With the exception of a few vocal—and, I have no doubt, sincere—disabled individuals, assisted dying is not supported by the very people whom it is intended to benefit. Its advocates are people who fear disability

7 July 2009 : Column 614

and terminal illness: people who have witnessed the progressive nature of disability or illness but who have not experienced it—a natural reaction, you may think, to any dramatic circumstance, but to suggest assisted dying or this amendment is to abandon hope and to ignore the majority of disabled and terminally ill people whose lives benefit us all.

6.30 pm

Baroness Wilkins: This House has repeatedly taken the view that it cannot support assisted dying. Proponents for a change in the law have brought several Bills to this House, each more tightly drawn than the last. However, your Lordships have seen through that tactic and held firm. I believe that these amendments are being used in another attempt to find a chink in your Lordships’ armour. The justification given is that they are merely devices to bring the law into line with current practice. I do not believe that. I believe that they are intended to establish the precedent that assisted dying be sanctioned by the state. Where the deed is done is irrelevant.

I am sorry that some see this as merely a legal puzzle that can be solved with precise drafting of legislation and that it is possible to help the few while protecting the many. That is not the experience in either the Netherlands or Oregon, where the laws have been used to establish death as an option for all disabled and terminally ill people to consider. Legalising premature death as a treatment option plants a seed of doubt about one’s right to demand help to live with dignity and undermines the state’s responsibility to ensure that all citizens can live with dignity.

If this amendment were to succeed, it would place a new and invidious pressure on disabled and terminally ill people who think that they are close to the end of their lives. Some will consider death as preferable to fighting for support to live with dignity. It will be the cheapest, quickest and simplest option. Think of older people who are anxious not to cause their families any distress. Evidence from research in this country and abroad shows that most people who seek assisted suicide give “not wanting to be a burden” as the principal reason for seeking death. The increased-choice argument is not valid until we live in a society that values us equally, where we can live with dignity and do not feel burdensome—a society whose health system offers genuine pain relief for everyone.

Baroness Campbell of Surbiton: Lastly, if these amendments were to succeed, despair would be endorsed as a reasonable expectation for which early state-sanctioned death is an effective remedy. Is this really the message that we wish to give disabled and terminally ill people? Is this really the future that we wish to offer those who become terminally ill? Those of us who know what it is to live with a terminal condition are fearful that the tide has already turned against us. If I should ever seek death—there have been times when my progressive condition challenges me—I want a guarantee that you are there supporting my continued life and its value. The last thing that I want is for you to give up on me, especially when I need you most. I urge your Lordships to reassure us by rejecting this amendment.

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