Before I call Tonia Antoniazzi to move the motion, I need to make a short statement about sub judice. I have been advised that there are ongoing cases relating to the subject of today’s debate, which, for the sub judice resolution, have not been waived. All Members must refrain from making reference to any active court cases. The Chair, whether it is me or my successor in the Chair, will call you immediately to order should you seek to raise any individual case. I have to make that point very strongly and clearly.
After the opening speech, it is already apparent that we shall have to confine speeches very rigidly indeed. As a courtesy to all colleagues, given that there will inevitably be some interventions, we had better start from the premise that we will limit all speeches to five minutes only. I am sorry about that, but I wish to accommodate as many people as possible for what is clearly a very important debate. I call Tonia Antoniazzi.
That this House has considered e-petition 604383, relating to assisted dying.
It is a pleasure to serve under your chairmanship, Sir Roger.
Assisted dying is an emotive issue that I have thought about long and hard. I was grateful to the Petitions Committee and also to the creator of the petition, Sarah Wootton, for arranging a meeting with some of the families who have been through traumatic and upsetting experiences. I was really pleased to have the opportunity to speak to Liz Carr, who has long campaigned against the introduction of assisted dying. Both meetings were very emotional, but I was able to get a much better understanding of the situation by having those important conversations, so I am extremely grateful to Emma from the Petitions Committee for organising them.
My role today is to present this petition on behalf of the Committee, but I hope that I will be able to represent fairly the views of those I met. It was a real honour last week to meet the families who are here today in the room. Hearing their stories was emotional and informative. They spoke with dignity about their loved ones’ final days and weeks, and I am glad to see them here today. I hope that when making interventions in this debate Members will be mindful that this is a very real situation for many people here today. I also hope that Members will allow me the time to tell their stories without interruption. I understand that colleagues will want to make their own points, but plenty of time has been put aside for the debate this afternoon.
Opinion polls have shown that there is wide support for a change in the law to make assisted dying legal in this country. Research commissioned by Dignity in Dying in 2019 showed that 84% of Britons supported assisted dying for terminally ill people. That is a huge proportion of people who would like to see a change in the way we deal with this situation.
The examples my hon. Friend is using powerfully make the case. Does she agree that now is the time to legislate so that the end of life care issues she mentions can be accommodated? As she points out, there are people in circumstances where all quality of life is gone, yet the legal situation is, at best, muddy and unclear; at worst, it works against the interests of people whose quality of life is completely gone.
I thank my right hon. Friend for his contribution, because that is often the case. Clearly, Gareth wanted people to know that he does not think what his dad did was actually suicide, but bringing an end to his suffering.
Susan’s husband, Duncan, was diagnosed with motor neurone disease, which we all know has no cure. Susan described Duncan as a very strong character who, after researching MND, determined straightaway that he was going to be in control of his own death. Until he had a plan in place, he was distressed and unhappy, but once he had a plan, he could start to live again. Three years after his diagnosis, Duncan took his own life at home with help from Susan. He left information for the police about how and why he had done it. Although his intention had been to do it when Susan was not at home, Susan said that, after 42 years of very happy marriage, she could not not be there for him at the end.
Despite the information that Duncan left, it was six months before the Crown Prosecution Service deemed that it was not in the public interest to prosecute Susan. She was interviewed for six hours under caution by the police, which, after the death of her husband, was obviously very distressing. I cannot imagine how it must feel to have something like that hanging over you when you should be grieving the loss of a loved one. Susan had the means to fight these charges and her solicitor eventually got her arrest removed from her record. What happens to someone who does not have the money to stand up to a criminal justice system that demonises people who find themselves in this invidious position?
Susan also believes that because Duncan made his intentions clear, the doctor seemed reluctant to give him drugs to help him sleep, which exacerbated his problems. Ultimately, Susan takes comfort in the fact that Duncan got the death he wanted. However, it is a tragedy that his death was not within the law. We know that people falling foul of the criminal justice system is not uncommon in situations where someone ends their life, but empathy and sensitivity are required in these situations—not the heavy-handed approach we have seen too often.
My hon. Friend is representing the Petitions Committee superbly and speaks on behalf of the families we have met outside.
I think we all appreciate how difficult it is for people to come to us to talk about personal experiences. My hon. Friend has spoken about her father before. I know he would be very proud of her. We all know how strong her support is for this cause.
I thank my hon. Friend for that intervention to save me from a few more tears. I wanted to say that the PTSD my brother suffers as a result of my father dying is something we will all have to live with as a family. I think that is worth mentioning.
Tim said that palliative care can mitigate some of the pain, but it can never mitigate the suffering. This seems to be so true. Even the best palliative care cannot make it easy, and it never is going to be easy, but we could do a lot more to make it better. Research has shown that where assisted dying is an option, palliative care improves. I truly believe that everyone in this debate can get behind that. We must do better for those at the end of their life.
I am also grateful to Liz Carr for taking the time to speak to me on Friday evening. The worries that Liz and other campaigners have need to be heard, and I believe we have a duty as Members of Parliament to open up this debate and listen to all sides. There are so many debates where people are very polarised in their arguments, particularly in this House, and I feel very strongly that both sides should be heard and that we should listen to everyone.
I thank the hon. Member for giving way and for the way in which she is leading the debate. I voted for reform several years ago. I am really glad she has mentioned palliative care. There seems to be a misconception that those who support an avenue that people do not currently have unless they go to Switzerland are somewhat not supportive of good-quality palliative care. It is possible to have different paths for different groups of people, and I support everything the hon. Member has said so far.
I thank the hon. Member for his contribution. He is right that palliative care is important for everybody. We must have a conversation about death. Dying will happen to us all and we must talk about it. Palliative care is something we need to improve.
The hon. Lady is right that dying is not about ending life. It is about shortening death. She makes a point about the importance of Parliament. My constituent Phil Newby, who was diagnosed with motor neurone disease—a disease that has blighted my family very cruelly—went to the High Court and asked it to make a judgment about assisted dying. It said that it would not and that it was a matter for Parliament. Would the hon. Lady support my belief that it is vital we move past Westminster Hall and have a meaningful debate and vote on the Floor of the House, which will allow the people of Britain to have their say on this, since the judiciary will not?
The hon. Member makes a very valid point. It is one of the points I will make in this debate. We have not had a debate on this issue on the Floor of the House for a very long time, and the vote was seven years ago. I concur that that needs to happen.
Liz talked about Daniel James, a rugby player who was paralysed from the chest down in a rugby accident. Liz is disabled and a well-known actress and campaigner. She explained that, without exception, the press coverage said that Daniel had been brave, stressing how tragic it was that this man had been cut down in the prime of his life. Liz wanted to make the point that there was another side to the story that had not been told. People with a disability are seen as something to be pitied and as people who will never live a full life. I want to make clear today that I do not believe that. There are people with disabilities who make invaluable contributions to British life, and we should listen to them and their concerns.
Being disabled does not mean living a second-class life. I cannot even begin to understand how being considered in that way would make somebody feel. There are bigger problems in the health service, however, including dehumanising treatment—such as when someone waits hours for a carer to visit to take them to the toilet—and insufficient pain relief because the National Institute for Health and Care Excellence has made an economic decision about someone’s worth versus the cost. That is what we faced as a family—I have experienced it.
Liz also raised concerns about trust in the healthcare system. She said:
“The NHS has both saved my life, and destroyed my life.”
If we want to have a grown-up conversation about death, we need absolute commitment to properly funding end-of-life care and hospices. Some on the Government side will say that they are campaigning for “dying well”. They are in a position to make that happen, so I say to them: please do so. The palliative care system has been underfunded; rather than talking about dying well, please do something about that. As Liz said, it is outrageous that hospices are mainly charity funded. If we want people to be able to die well, let us fund palliative care, give people options and make everyone feel valued at the end of their life.
Order. May I invite any Members who are standing and who have not taken a seat to come and take one if they wish to do so? We do not stand on ceremony on occasions like this; you may well want to sit.
I draw Members’ attention to my entry in the Register of Members’ Financial Interests and to the fact that I am co-chair—with the hon. Member for Bristol South (Karin Smyth)—of the all-party parliamentary group on choice at the end of life.
I speak today as a convert to the campaign for the legalisation of assisted dying. My mind has been changed over the years, principally because of the number of constituents to whom I have spoken who have faced terrible suffering at the end of life, or who have witnessed loved ones dying in painful and undignified circumstances. I want the change for my constituents, for myself and for those whom I love.
Last Friday, in the royal town of Sutton Coldfield, I met Lyn Ellis, a constituent from Wylde Green whose husband died from prostate cancer. During covid, he was told that he had three to six months to live, and he died not long afterwards. Lyn told me:
“Until you’ve been through something like this, you don’t realise how hollow the argument is that there is a palliative answer. As John died, he shrank to nothing; he couldn’t eat; he was in pain; suicidal. I felt we’d been cheated. What could be a better way to go than a glass of champagne and saying goodbye to each other?
Those last few weeks of his life were incredibly painful; he shut down, wouldn’t speak, and we’d always had such a close and loving relationship. I feel the state let me down. A good and decent country would not have put us through this.”
We in the Commons have not been asked to vote on assisted dying for almost seven years. A great deal has changed in that time: California, Colorado, New Jersey, Maine, and even the District of Columbia have legislated for choice at the end of life. In just the past five years, every state in Australia has passed laws on assisted dying; New Zealand, too, legislated on assisted dying following a referendum that showed 66% support for the proposal. Other jurisdictions have gone further than the proposals that I support, including in Canada and Spain, and change is on the cards in Italy, Portugal and even Ireland. Proposals are under consideration in Scotland, Jersey and the Isle of Man that could be voted on before the end of next year.
It is a pleasure to serve under your chairmanship, Sir Roger, and to follow my fellow chair of the all-party parliamentary group on choice at the end of life, the right hon. Member for Sutton Coldfield (Mr Mitchell).
I am not a convert. I have wanted to change the law on assisted dying since I became a Member of Parliament, following my experience 14 years ago working with clinicians on how to communicate with patients about how to live and die with respiratory disease. That is not terminal, but the work opened my eyes to how we talk about death—how we do not prepare for the inevitable and, although we seek to have choice, agency and freedom throughout our lives, we have no power at the end. There will be many people listening to the debate who are facing death or the death of their loved ones. As we debate this issue, we must be mindful of the personal circumstances and experiences of those people, and of all of us in the Chamber.
End-of-life care has improved since my work in the health service 14 years ago, but there is still a contrast between how we talk about dying and how we attempt to talk about other care, which is indicative of the problem. In all my years working in the planning and commissioning of services in the NHS, it was all about co-production—the importance of patient voice and choice—but the co-production partnership disappears at the time we can least fight: the time we die. However, the reality is that a person can have choice—if they have an average of £12,000 spare. We can debate all we like, we can pretend this is not an issue, and the Government can turn an eye, but if a person has the money, they have the choice.
For campaigners, that is a really frustrating position. As we have heard, poll after poll suggests that we as MPs are far from our constituents on this issue. I have been humbled today by meeting families and friends who have travelled to speak to us and share their stories. It is absolutely right that, if Members of Parliament have not previously engaged with this subject, they should engage with it, they should be properly informed, and they should have the opportunity to scrutinise all the proposals and to be convinced that change is better and safer than what we have now. We seek parliamentary time to do just that.
It is an honour to serve under you, Sir Roger, and I welcome the debate. I should declare that I am chair of the all-party parliamentary group for dying well.
Let me start by saying how much I recognise the good faith, integrity and powerful arguments of the hon. Member for Gower (Tonia Antoniazzi), all hon. Members speaking in support of the petition and all the campaigners who support it. I recognise the extreme distress and anxiety felt by families who have been through the agonising death of a loved one who experienced suffering that no human being should go through. I will address the issue of bad deaths in a moment, but first I want to look at the implications of assisted dying as I see them, and what would happen if we did it in this country, based on our experience and that of other countries.
I do not have a suite of powerful personal stories, although I recognise the enormous moral value of them all; I invoke the nameless and numberless people who will be affected if we introduce this law. The main argument for assisted dying is the simple one of autonomy. I think a lot of the support for assisted dying comes from the simple and natural resentment that anybody should try to stop people doing what they want, especially about something as important as this—literally a matter of life and death. But in this case, things are the other way around for many people. In my view, we need to keep assisted dying illegal because, as a matter of practical fact, for many people, it would narrow their autonomy. It would reduce their freedom substantially, because it would put them on a path with only one destination. That is because of the incentives that assisted dying would introduce.
The first incentive would be in our healthcare system. The simple, blunt fact is that it is cheaper for the system to help people end their life early than to care for them for weeks, months or years. That is not an argument we hear for assisted dying, but it is compelling. The cat was let out of the bag rather when the Member of the Scottish Parliament who is trying to legalise assisted dying in Scotland cited research from Canada showing that the health service there has saved hundreds of millions of dollars in care costs. We see, in contraction to a point made by the hon. Member for Gower, that where assisted dying is introduced, investment in palliative care stalls or recedes in comparison with countries where assisted dying is illegal.
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One word that I have not yet used in my speech is “autonomy”—deliberately so, because I had it explained to me in a way that I had never previously considered. I have always been a great believer in the idea that it is my body and I will do I want with it, thank you very much, but Liz said that disabled people can embody what most people are afraid of: a lack of autonomy and a loss of dignity. That understandably frightens many disabled people. When you think society does not value you, or that it considers you a burden, you must fear that society will find a way to rid itself of that burden.
I thank everyone who has spoken to me. It is amazing to see Westminster Hall packed with people who care about their death and the deaths of their loved ones, however they wish for it to end. The petition is very important to me and many others. We need a calm and clear conversation. Will the Minister find a way for the Select Committee to hold an inquiry on it, and will he take the time to meet some of the campaigners who took the time to speak to me? Their voices have to be heard, and the least we can do is hear them and make informed choices about where we go from here. Most importantly, it is for parliamentarians to debate and discuss future legislative opportunities.
In conclusion, I thank everyone. I understand the strength of feeling that this issue evokes, and I look forward to listening to a meaningful discussion this afternoon.
Our hospice and end-of-life care in this country is superb, but nobody—not even the most ardent defenders of the palliative provisions that are in place—can claim that every person who dies in their care does so without pain, in peace and with dignity. For those facing even the prospect of a traumatic death, knowing that they had the option of choosing the moment and manner of their end would offer so much reassurance.
Right now, some people with terminal illnesses feel they have no other option than to take their own life into their own hands. They do so privately and alone so as not to incriminate their loved ones, and they often do so in violent and distressing ways. The Office for National Statistics published data in April demonstrating that those with severe health conditions are twice as likely to end their own life as those without. Estimates suggest that every week, between six and 12 people with terminal illnesses choose to die in that way.
We have evidence of the harm caused by our existing laws, and growing evidence of the reforms we could adopt from overseas. New polling from YouGov shows that three quarters of the British public support an inquiry into assisted dying, including 80% of Conservative voters, 77% of Labour voters, 80% of those who voted remain and 79% of those who voted leave. It is refreshing to find unity in our politics at the moment, and it is clear from every opinion poll on the subject that assisted dying is a unifying issue for people across the country. I understand that the Health and Social Care Committee is considering conducting an inquiry into the subject, including looking at the experience of countries that are ahead of us on the issue. I very much hope that it will do so, and that its report will inform the thinking of the Government and the House.
In closing, I ask that when my hon. Friend the Minister replies to the debate, he acknowledges the enormous changes that have taken place over the past couple of years, both internationally and in UK jurisdictions. We cannot continue to let dying people’s suffering go unanswered; it is time for dignity, for compassion, and for a choice at the end of life.
First, we must understand that the current situation is not safe or sustainable. Secondly, we want to learn from those who have safely operated an assisted dying law for over 20 years. Thirdly, we want to ensure that we address all the concerns expressed, especially about safeguarding.
We have heard some shocking examples of people taking their own lives. My hon. Friend the Member for Sheffield Central (Paul Blomfield) spoke movingly about that three years ago, and we see it in the ONS data. Currently, there are no up-front safeguards to stop people taking their own life or refusing food, water or ventilation. There is no regulation on people choosing not to have treatment. People live in fear of accompanying their loved one and getting that knock on the door from the police—that happens. Additionally, as I said, there is choice for those who can afford it.
We need to scrutinise the proposals and learn from Oregon and from recent debates in Australia and New Zealand. Since we last debated the subject, as the right hon. Member for Sutton Coldfield said, six states in Australia have legalised assisted dying, as have several states in the United States, New Zealand, Canada and many other countries. I have had the pleasure of talking with parliamentarians from across those countries about the debates they have had. We can learn from them. The concerns raised by opponents have not come to pass. Medical opinion has shifted dramatically, and new evidence has been published that demonstrates how unsafe our current law is. That is why I am confident in these proposals.
We need time to go through the arguments and the safeguarding concerns. I have spoken to several MP colleagues and I understand those concerns, but they have not come to pass elsewhere. The rights of people in different parts of the United Kingdom are dominating our politics. In fact, in the main Chamber, Members are currently talking about Northern Ireland as part of the United Kingdom. With proposals coming through in Jersey and Scotland, the United Kingdom Parliament and the United Kingdom Government will have to engage with assisted dying here in the United Kingdom. It is useful to have debates like this one, but what we need is Government time. I hope the Minister will take the Government’s head out of the sand and respond positively to the request for just that.
Meanwhile, in Oregon, we see people being refused palliative care on cost grounds and then choosing assisted dying because there is no other option. I know we pretend that we do not have rationing in the NHS, but obviously, with finite resources, we do. Do we really imagine that assisted dying will not become an option that doctors and medical managers will not tacitly—even unintentionally—encourage?
We have not had a debate on this issue in this place for two and a half years, and there has been no vote on it for seven. A lot has changed in that time, including a pandemic that has shifted the conversation that the country is having about death. There has also been a change in attitudes in other countries and in other parts of the United Kingdom. Jersey, Scotland and the Isle of Man are all looking at changes. Australia, New Zealand, Spain and others have all introduced measures around assisted dying.
In our meeting, we spoke to Jan and her daughter Sarah. Jan is currently planning for the end of her life after receiving a terminal diagnosis. She explained to me that she has three options: going to a hospice, ending her life in a hospital, or receiving hospice care at home. Jan is worried that hospice at home care will cause untold problems for her family. Not only will it mean that her loved ones are largely responsible for her care in her final days, but there are long-term effects of the trauma that her dying at home will cause. Jan is worried that hospice care will not be appropriate and there will be limits on the number of people who will be able to visit her at the end of her life. Jan said that it would not be a good place for her to die. All she wants is a choice of a peaceful end surrounded those she loves.
With no other viable option, Jan has signed up to Dignitas, so that when it comes, she has a choice about her end of life. That in itself causes problems, as she would probably have to do it before she is ready because she needs to travel independently. Jan and her daughter both spoke of the anxiety that it has caused them and their loved ones. The worry and anguish that the decision causes for many families was a theme through all the stories that I heard.
I spoke to Carol, whose sister Alison died just over a year ago. Alison had head and neck cancer. She was only 63 years old. Her sister went through lots of treatment—radiotherapy and chemotherapy—and was given lots of opiates to deal with the pain. Alison was persuaded to go to a hospice for the end of life care that she needed, but only after her pain and anxiety became unmanageable. At the hospice, Carol noticed that the care that Alison was receiving was governed by strict protocols that were not appropriate for Alison’s needs.
As a retired doctor, Carol thought that she would be able to advocate well for her sister, but that did not turn out to be the case. Alison saw eight different doctors in two months while she was at the hospice. She was given different information by different people. Some agency staff were not sufficiently trained in palliative care to look after Alison as well as they could. Protocols dictated that pain relief medication could only be increased by 25% in every 24 hours, but Alison had built up a tolerance to opiates over the course of her illness and was in an incredible amount of pain. All those things culminated in what Carol described as a horrible death, which left everyone traumatised—Alison’s husband and children, and Carol, too. Alison’s family stayed with her 24 hours a day in the last couple of weeks because she was so anxious about a lack of medicine.
I also met Gareth. Gareth’s dad had prostate cancer. He lived for 10 years on hormone treatment. When he was given his diagnosis, as a military man who always had guns, he said, “I’ll just shoot myself.” No one thought he was serious, but Gareth said that it gave him an element of control. As his illness got worse, Gareth said it was like his dad was “dying in front of our eyes.” He had no quality of life.
Finally, Gareth’s dad said that he was ready to go into a hospice, but that did not seem to be his intention. One day, Gareth’s dad rang him to say that he could not deal with another night like the last one and said, “I’m going to shoot myself. See ya.” Gareth immediately rang his dad back, but his dad did not speak. Gareth rang the police. He spoke to his sister, who lived close by, and she rushed to her dad’s house. Gareth’s sister went in, hoping that she would be in time to stop her dad, but he had already shot himself in the head.
Gareth’s sister’s husband was also, at the time, terminally ill with brain cancer. She and her daughters then had to watch her husband die at home after he stopped all his medication. That took a week. Gareth’s sister now suffers from post-traumatic stress disorder, and his nieces are traumatised by the experience. Gareth wants people to be more open in their conversations about death. Speaking about death and not being afraid to discuss it can only lead to better decisions for everyone.
Tim was a carer to his friend, David, who also had motor neurone disease. Within two days of his diagnosis, David had signed up to Dignitas. It was more than two and a half years before he died, after travelling to Switzerland. There is only one end to a diagnosis of MND, and David was not willing to be trapped in his body while his brain was still functioning. By making the decision to join Dignitas, David had some peace of mind. However, even with his membership, the process was not always easy; information was not forthcoming until certain points in David’s illness, and the full picture was not available until they reached Switzerland.
It would have been so much easier if David could have done it at home. At home, the only option David was given was to be sedated for three weeks while his body shut down—as Tim said, prolonging the suffering. When Tim spoke about the inevitability of David’s death, he said that doctors were willing to prolong his life to the extent where the consequences were not worth it. Pain was not really an issue for David, but the suffering that he went through—not being able to sleep due to choking; having to be fed through a tube in his stomach—was unbearable.
Throughout this process, all participants have spoken of the anxiety that they faced because they or their loved ones did not have the option of assisted dying. As Jan said in her contribution, knowing that there is an option for assisted dying is an insurance policy: it may not be something you decide to do in the end, but having it there is a comfort. We have to consider the impact on the families who are left behind. Having to watch a loved one die is never easy, but prolonging the suffering can lead to trauma and PTSD for families and friends. I have already spoken on the record about my father dying.