X Close

Do not trust the assisted dying bill’s safeguards

Disability campaigners protest against assisted dying in Westminster earlier this year. Credit: Getty

November 13, 2024 - 2:25pm

Labour MP’s Kim Leadbeater’s assisted dying bill has the “strictest safeguards anywhere in the world”, according to Labour MP Kim Leadbeater. In fact, the safeguards are so strong that Leadbeater could not even tell us what they were when she published those words at the weekend.

At least now we have the safeguards, such as they are, in print. The 38-page-long private member’s bill has been published just over two weeks before MPs are permitted five hours to discuss it and then decide whether to legalise state-sponsored suicide.

And what of these famous safeguards? Two doctors are required to sign off on an assisted suicide request, but the first doctor gets to pick the second (the “independent doctor”, allegedly). And if the second, “independent doctor” doesn’t like the look of the application, the first doctor gets to choose another “independent doctor”, a practice known as doctor-shopping, which has led to no end of abuse in places such as Canada — whose experience of euthanasia, by the way, is not relevant according to Leadbeater because it’s a very big country.

Then, the High Court must approve the request. Proponents of the bill have made much of this. There are 18 judges in the Family Division of the High Court. Proponents of the bill estimate that there might be 1,000 requests per year, which comes to about 50 applications per judge each year. Yet if we use Oregon — America is also a very big country, but assisted suicide promoters like to use Oregon as the best-case scenario — as a baseline, we are talking about more than 400 applications per judge a year.

Mind you, these 18 judges have other things to do as well: divorces, child custody, and the rest. At eight cases per week per judge, they cannot be anything but rubber stamps. Alternatively, cases could be passed to judges lower in the family courts hierarchy, which would mean that a big-money divorce case, say, will be dealt with by a more senior judge than an assisted suicide application.

Doctors are supposed to satisfy themselves that the applicant has not been coerced into making the request. But doctors are explicitly allowed to broach the subject of assisted suicide with their patients. Put yourself in the shoes of a patient on their sickbed. The doctor comes in and says, sotto voce: “Have you considered… making a dignified exit? We are very short of beds, you know.” Is this coercion? Not according to the Leadbeater bill, which proposes that killing yourself is healthcare, so why not discuss it with your favourite medical professional?

How would doctors detect signs of coercion, since they are not trained in spotting coercive control? Christine Jardine, a Scottish Liberal Democrat MP and a co-sponsor of the bill, had a fun time on Newsnight, when presenter Victoria Derbyshire asked her this exact question.

“I think we are talking about people who are in a heart-breaking situation,” began the hapless MP for Edinburgh West. “Hopefully, there would be questions, hopefully they would examine the person”. Pressed again for an answer, Jardine mumbled something about sincerity on the deathbed, then said that safeguards would be put in place if the bill is passed. “I thought this bill had the strictest safeguards in the world,” said the incredulous interviewer.

If, after watching the excruciating nine-minute clip, you still have trust in the bill’s safeguards, you are made of sterner stuff. Or perhaps you have your eye on Granny’s bungalow in a nice postcode. In any case, not even the bill’s boosters really believe what they say about the safeguards. This week, Humanists UK told MPs to vote for the bill even if they “are concerned about the practicalities” therein, which does not sound like a vote of confidence in the “strictest safeguards in the world”.

Meanwhile, Leadbeater has been telling MPs to vote in favour even if they are undecided about the issue, simply because it could be a long time before they get another chance at legalising assisted suicide.

She needn’t worry: Parliament has debated or voted on the issue in 2021, 2015, 2014, 2009, 2008, 2006, 2005, 2004, 2003, and 1997. And if Leadbeater and her backers have their way, Parliament will continue to do so year after year, until they get the outcome they want, at which point it becomes a “settled question”, sacrilegious even to question.

But this is not a settled question. In a world of collapsing healthcare and social care systems, of strained NHS budgets, and of greedy relatives, there is no way to legalise assisted suicide safely. Parliamentarians knew this, which is why they rejected it 10 times in the last 30 years. They must now do so again.


Yuan Yi Zhu is an assistant professor at Leiden University and a research fellow of Harris Manchester College, Oxford.

yuanyi_z

Join the discussion


Join like minded readers that support our journalism by becoming a paid subscriber


To join the discussion in the comments, become a paid subscriber.

Join like minded readers that support our journalism, read unlimited articles and enjoy other subscriber-only benefits.

Subscribe
Subscribe
Notify of
guest

14 Comments
Most Voted
Newest Oldest
Inline Feedbacks
View all comments
Kathleen Burnett
Kathleen Burnett
8 hours ago

The objections seem to be based on practical issues. Motor cars kill over two and a half thousand people in the UK each year. Let’s ban the car.
The principle is whether society has the right to prolong a person’s suffering against their wishes. There are many Rights, but we don’t seem to have one for this. And, if you are religious, stay out of it; you’ve nothing to contribute.

Peter B
Peter B
7 hours ago

A lot of the objections are actually ideological hiding behind a mask of “it’s impractical”. The “it’s not practical” problems are all ultimately solvable (though those who make them never make any attempt to do so). But that won’t stop the objections.
I have no objection to religious people getting involved. Just as long as they aren’t trying to force their views onto those who don’t share them.

Benedict Waterson
Benedict Waterson
6 hours ago
Reply to  Peter B

“Force their views onto those who don’t share them.”

Yes we can just leave that to Humanists UK

Susan Grabston
Susan Grabston
2 hours ago

Netherlands now reviewing assisted suicide for health people over age of 75. What.could possibly go wrong?

Ernesto Candelabra
Ernesto Candelabra
9 hours ago

Death on Demand.

UnHerd Reader
UnHerd Reader
9 hours ago

The best safeguard is no government involvement eith enabling the killing of citizens who have committed no heinous criminal acts.

Saul D
Saul D
9 hours ago

The balance here is between those who are genuinely in terminal decline who wish to end their own suffering and have thought about and understand what they are doing, and those who are forced or pressured by other factors.
One safeguard might be to require a written testament to establish choices or preferences of the sufferer, written at least 12 (or 24) months prior to an application for assisted dying. An individual can have this on record if that is their wish, potentially held in private by their doctor or lawyer, but it can’t be created ‘at the moment’, and it may include limiting factors (eg only in case of dementia, excluding mental health or depression).

Kolya Wolf
Kolya Wolf
9 hours ago

Switzerland legalised assisted suicide in 1941. Their law does not stipulate any medical or legal criteria other than that those facilitating the suicide must not be acting out of selfish motives. I am not aware of the law causing any major problems.

Buck Rodgers
Buck Rodgers
7 hours ago
Reply to  Kolya Wolf

Consider for a moment just how badly everything else in this country functions

Chris J
Chris J
4 hours ago
Reply to  Kolya Wolf

How would a person wanting to die “act out of selfish motives.”

John Tyler
John Tyler
8 hours ago

To put it simply: a moral disaster of catastrophic proportions. Thanks for pointing out the holier-than-thou hypocrisy of the pretence of safeguards; all in the name of compassion.

Peter Johnson
Peter Johnson
8 hours ago

The Canadian experience has been that the criteria and how they are applied keep loosening – so pay attention to the safeguards. In practice you get some very enthusiastic physicians promoting this who will push boundaries.

Delta Chai
Delta Chai
7 hours ago

> Parliament will continue to do so year after year, until they get the outcome they want, at which point it becomes a “settled question”, sacrilegious even to question.

How would this come to pass? What prevents anyone from continuing to question it, what prevents a future government from repealing or changing the law?

Archibald Tennyson
Archibald Tennyson
8 hours ago

Enough with the death cult already. Our ultimate faith can’t be in the medical establishment, or the flimsy safeguards of shortsighted politicians; let the object of our trust be Christ – the Resurrection and the Life.
“The thief comes only to steal and kill and destroy; I have come that they may have life, and have it to the full.” John 10:10