• Assisted Dying – Why I’ve changed my mind

    The time has come to admit it. I’ve changed my mind about assisted dying.

    As a priest, the presumption is generally made that I’m against it for religious reasons. Recent aggressive campaigning by those in favour of allowing doctors to help people to end their lives has been relentlessly dismissive of religious reasons for being against it. As though religious people have no consciences worth respecting, no bodies of their own, no pain and no right to be heard.

    The truth is, though I am very obviously religious, I do not have any religious reasons for objecting to the proposed law in principle but the longer that I’ve spent time with those who are actually dying the more I find myself unable to support a change in the law. My concerns are not religious but practical.

    For a long time I was fairly uncommitted in this debate. My tendency would be to think that the alleviation of pain was the ultimate goal for anyone at the end of life and to take the view that preventing pain might well be a justification for allowing someone to end their life early.

    More recently though experience has suggested to me that the question is a good deal more complicated than that. And so I find that I’ve changed my mind. From being moderately supportive of a change in the law, I now find myself fully opposed to the new legislation.

    I remember the day when I changed my mind very well too. I had been called to the deathbed of someone whom I did not know. Before I could get into the room with the dying person, their family met me in the corridor. They asked me whether I could help them as things were very difficult.

    “We were just wondering whether you could ask the doctors to speed things up a bit.”

    I replied that I couldn’t as the law wouldn’t allow such a thing. And I asked why. What was it? Did they need me to help them to speak to the doctors about trying to get some better pain regulation?

    “No” came the answer, “No – the thing is we’ve a skiing holiday booked and we leave on Monday – we just need this to be over so we can get away”.

    That was the moment that I realised that not everyone dies with people close to them who have their best interests at heart.

    Those who are dying are some of the most vulnerable people in our society. They are losing their power to make independent choices. They are vulnerable to the attitudes of everyone they encounter. And almost everyone whom they encounter may have a financial or other interest not only in their death but in its timing.

    Spending time with the dying, I’ve also realised that those at the end of life are particularly vulnerable to societal assumptions about being a burden and causing a fuss.

    Increasingly, funeral directors are making good money from ghoulishly promoting Direct Cremations – the disposing of bodies without ceremony or the presence of loved ones. To do so, they repeat again and again in their advertising, suggests that it is better to face death without causing a fuss.

    Yet everyone who grieves knows that death in itself is disruptive. Death and grief change lives. They are not to be dismissed. No amount of trying not to cause a fuss changes that.

    It has all made me realise that when I die, I want everyone to know that I want plenty of fuss. Fuss is how we show one another that we love them.

    The desire to cause others no fuss at all though is one of the greatest pressures that the dying feel.

    If it were the case that all people had access to the finest palliative care at the end of their lives and were all surrounded by those who had their best interests at heart in institutions where there is no financial pressure on managers and medics then I might be able to get to a position where I might support the assisted dying proposals.

    However, we don’t live or die in that world. And until then, the best way to assist people to die is by investing in those studying pain management, better funding hospitals and hospices and by listening to the stories of those who sit alongside those who are dying.

    I’ve sat in those rooms many times.

    All of us should be in the presence of those who love and care for us when we die. Not all of us will be. The law, as it stands, is the best way to protect the interests of all of us when we die. For these reasons, I hope that our parliamentarians have the courage to vote no when the final vote is taken on this bill. It is legislation that would fundamentally change the relationship between the individual and the state.

    The principle of alleviating pain is a godly one but the reality is that the devil is in all manner of practical detail.

2 responses to “Human Rights Petition”

  1. Steven Avatar
    Steven

    Kelvin

    I strongly agree with your sentiments and intend to sign the petition. As a practising barrister I can say that the incorporation of the Convention has had a hugely beneficial effect across society – especially in creating a rights aware culture amongst the judiciary.

    I have successfully relied on the Convention to (1) ensure that the state continues to support destitute asylum seekers whilst they are appealing an asylum support decision (2) prevent the removal of a mentally unwell Brazilian amputee who is awaiting further surgery in the UK (3) ensured that those detained under immigration powers are not held in “ordinary” prisons and (4) prevented the deportation of a Turkish national for a crime committed whilst a child. The Convention naturally “benefits” those on the edges of society – whose cause might be unpopular. That does not mean, of course, that it is unworthy. Quite the opposite.

    I have of course relied upon the Convention in cases which stretch the reach of the various articles. That is how the law develops. Judges do not embrace such claims uncritically. Unfounded and weak claims are rejected as such and so the public perception of an “out of touch” judiciary is misplaced. Thank God for the Judges who – if they were to follow the whims of public opinion would “string em up”, “bring back the birch” and “throw away the key”!

    The Human Rights Act 1998 still retains parliamentary sovereignty in any event. This means that Parliament can still introduce laws that are in breach of the Convention. All that a Judge can do when faced with such legislation is declare it to be “incompatible” and that is it. This may create political pressure (especially at a European level) but it means that the “Queen in Parliament” is still sovereign.

    In addition the HRA 1998 has become entrenched as an almost constitutional statute. Repeal or significant amendment would not create less litigation. On the contrary, as the Daily Mail might put it, lawyers would have a “field day” arguing about when a particular right ceased to exist under the ECHR in the UK and the extent to which rights survived repeal or amendment. It would create a legal mess, a constitutional back-step and a political nightmare.

    In fairness though a solicitor did ask me if they could bring a case to challenge a refusal by the police to allow a man more regular smoke breaks on the basis of his Convention rights (he was being questioned for murder)…I reminded the solicitor that the drafters of the Convention had in mind the ashes of Auschwitz when drafting the Convention and advised him to, as they say in Ulster, “catch yourself on!”

    1. kelvin Avatar

      Thanks Steven. It us really helpful to have your perspective and some concrete examples.

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