I attended the first day of line by line scrutiny. This post is not a blow by blow account of what happened but these are my reflections on the key themes that emerged from that first day. The two key sets of amendments today were amendments by Sarah Olney MP (Lib...
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Systemic bias towards death
The regime envisaged by the Bill has a general bias towards an assisted suicide. There is a great deal of concern that nobody should be unfairly refused such a death, but much less concern that nobody be improperly forced into one. For example, compare the “initial...
The illusory judicial safeguard
This is unlikely to provide much of a safeguard without someone who has notice of the application and is able to investigate the matter. The Court can only make a decision based on what is put before it. So unless contradictory evidence is introduced the Court process...
Death can happen in total secrecy
Someone can go through the process without their next of kin, family, and even GP being informed of it. Situations where some family members knew but others did not are bound to lead to acrimony but even more seriously this means that those who might be able to...
Lack of investigatory powers in relation to coercion and pressure
Doctors are only required to certify that they do not know that the person has been coerced or pressured by any other person. They are not required to investigate the situation, and indeed they do not have the ability or legal powers to do so. Even if doctors have a...
No protection against people feeling they are a burden or wanting to die because they have an unmet need
If a patient says they are wanting to do it because they feel they are a burden or because they do not have access to palliative care, there is no provision in the Bill to refuse their application. Indeed, it must be granted. Once it is established that a patient has...
Effects on the medical profession
A number of features of the legislation combine to create a set of incentives for medics(and health services) involved in this that are likely to be dangerous for vulnerable patients. These are: Lack of any prohibition on a medical practitioner proactively suggesting...
Capacity
The Bill’s approach to capacity is seriously flawed. A central claim by those putting forward this legislation is that people who lack capacity will not be assisted in their suicide: but the approach taken in the Bill takes no account of the existing, and well...
Terminal illness
There are four key problems with the definition of “terminal illness” in the Bill: (i) that term is necessarily vague and a wide range of conditions could be brought within it, (ii) the level of confidence for the 6 months prognosis is necessarily low and will mean...
Are the safeguards adequate?
Coercion and pressure What are the general risk factors? Overall there are high levels of elder abuse in our society. As the charity Hourglass (previously Action on Elder Abuse) found “1 in 5 UK residents (22 percent) have personal experience of abuse as an older...