Coronavirus Regulations: Assisted Deaths Abroad

To ask the Secretary of State for Health and Social Care if he will make a statement on the impact of new coronavirus regulations on the ability of terminally ill adults to travel abroad for an assisted death.

Issues of life and death are some of the most difficult subjects that come before us in this House, and the question of how we best support people in their choices at the end of their life is a complex moral issue that, when considered, weighs heavily upon us all. My right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) has asked an important question and I want to set out the precise position. Under the current law, based on the Suicide Act 1961, it is an offence to encourage or assist the death of another person. However, it is legal to travel abroad for the purpose of assisted dying where it is allowed in that jurisdiction. The new coronavirus regulations, which come into force today, place restrictions on leaving the home without a reasonable excuse; travelling abroad for the purpose of assisted dying is a reasonable excuse, so anyone doing so would not be breaking the law. These coronavirus regulations do not change the existing legal position on assisted dying.

As this is a matter of conscience, the Government do not take a position. It is instead a matter for each and every Member of Parliament to speak on and vote according to their sincerely held beliefs, and it is for the will of the House to decide whether the law should change. The global devastation of the coronavirus pandemic has brought to the fore the importance of high-quality palliative care, just as it has shone a spotlight on so many issues and, difficult as it may be, I welcome this opportunity to have this conversation about assisted dying, as it is one of the most sensitive elements of end-of-life care.

I have the greatest sympathy for anyone who has suffered pain in dying or suffered the pain of watching a loved one battle a terminal degenerative condition, and I have a deep respect for friends and colleagues in all parts of the House who share and hold strong views. I am pleased that the House has been given this opportunity to discuss the impact of the pandemic on one of the most difficult ethical questions that we face.

Thank you, Mr Speaker, for granting the urgent question, and I thank my right hon. Friend for responding himself.

This is an issue of conscience for us as Members of the House. I respect those who take a different view from me, not least because theirs was previously my view. Colleagues may have seen, over the weekend, the news reports about a woman who this week travelled to Switzerland to end her life in order to avoid travel restrictions. As a frontline NHS worker with terminal breast cancer, she did not want to run the risk of dying in great pain and without dignity. The new regulations that have come into force today could deter anyone else from travelling to Switzerland for an assisted death. That will undoubtedly cause many more Britons to suffer as they die, due to a lack of a safeguarded law here in the UK, although I am most grateful to my right hon. Friend for clarifying the precise legal circumstances.

In the light of the radical shift of the views of the medical profession two weeks ago, the recent legislative change in New Zealand this week and groundbreaking progress in southern Ireland, along with the continuing and massive support for law reform from the British public, will the Government, from their position of neutrality, enable all of us to understand three things—first, the extent of suffering that the blanket ban on assisted dying is causing dying people and their families; secondly, the challenges that the current law is creating for healthcare professionals, police officers and other public servants; and thirdly, what the UK can learn from international evidence on the operation of assisted dying laws, and their safeguards, in the United States, Australia and Canada?

I am supporting a very tight reform that would allow someone who is terminally ill, within six months of the end of their life, and who has themselves decided that this is the end of life they want, independently certified by two doctors and confirmed as their independent decision by a High Court judge, to end their life, as is their choice.

I pay tribute to my right hon. Friend for the way in which he puts his case. Of course, we acknowledge the changing views of many, including many in the medical profession, and, of course, we observe the changes in the international debate. I think it is absolutely reasonable for this House to have a conversation and discussion on what is an important topic, and it is right that we locate that question within a broader discussion of how we care for people at the end of their lives, which, because of the coronavirus pandemic, has sadly become a central issue of public debate in this country.

I thank the right hon. Member for Sutton Coldfield (Mr Mitchell) for the way in which he has put his questions, and the Secretary of State for the sensitive way in which he has responded and for the clarification he has offered to the House. I suspect there will come a point at which the Parliament will have to confront the it. I note that the Secretary of State has said that issue should be located within a broader discussion about end-of-life care, a perfectly reasonable position which I endorse, but can he reassure me that, as part of the broader discussion, there will always be thorough and transparent consultation with the public and with faith groups, and that physicians and healthcare professionals will always be fully involved?

Members across the House will have sincerely held views, and whatever one’s views on the principle, the House should be aware that before the pandemic a person from Britain travelled abroad to Dignitas every eight days and that charities have warned that since the March lockdown some terminally ill people are ending their lives in the most traumatic circumstances because of a lack of clarity about the law—the Secretary of State has given clarity today, but until that point there was a lack of it. We know that a second lockdown will take a heavy toll on people’s mental health, especially over the winter, so can he tell us what mental health support will be made available to people facing this most awful of choices and what mental health support is available to people more broadly?

People deserve dignity in dying and palliative care needs to be improved at the best of times, but lockdown means that palliative care is particularly under pressure. Can the Secretary of State assure us that hospices will have full support throughout the lockdown, that hospice staff will have regular access to regular testing and that we have a supply of enough of the vital drugs which palliative care relies on for the lockdown period?

This is an immensely sensitive topic. I repeat that I appreciate the way in which the Secretary of State has dealt with it this morning, but many people will be deeply concerned. We look forward to working with the Government on this important issue.

The hon. Gentleman is quite right that this is not an issue in which there is any party politics, and there is rightly no Government position. On the specific question of assisted dying, I am glad to have been given the opportunity to clarify the impact of the coronavirus regulations on that law, but he also asked the wider question about palliative care. It is important that we support palliative care, and that we locate this question in a wider question about how people can have choice. After all, patient choice has been a growing feature within healthcare—in my view, rightly so—over the last generation. This is one area where that choice is constrained in law.

It is important that we invest in high-quality palliative care. We have put further funding into palliative care and hospices because of the pressures caused by the coronavirus pandemic. Making sure that we have high-quality palliative care services and a hospice service that we can all support fully is obviously very close to my heart.

The hon. Gentleman also asked about mental health support. There has been increased investment in that to ensure that people get the support they need in what are inevitably difficult times.

At this time, when the whole country is making huge sacrifices to protect life, at a time of exceptionally high levels of physical and mental stress, and when many people may feel very vulnerable, does the Minister understand and accept the views of many, including in this House, that it would be completely inappropriate—indeed, insensitive—of Parliament to go anywhere near considering making access to any form of suicide easier?

I respect my hon. Friend’s views, which are deeply and sincerely held, and I respect the fact that the House will debate all views. It is right that that debate is taken forward and led by Parliament, rather than by Government, as my hon. Friend has just demonstrated.

I congratulate my co-chair of the all-party parliamentary group on choice at the end of life, the right hon. Member for Sutton Coldfield (Mr Mitchell), on securing this urgent question, and I thank you for granting it, Mr Speaker. I have sought to change the law since entering the House. In the last five years, I have learned that many colleagues are worried about safeguards. There is an assumption that the law is currently safe, but it is not. In June, here in London, a man threw himself in front of a heavy goods vehicle on the North Circular. He was suffering from throat cancer and knew his tumour would continue to strangle him. He could not bear it. He took his own life because this country denied him the option of choosing the timing and manner of his death. I appreciate that this is a sensitive and difficult issue, but is it not time we recognised that the law is not compassionate or safe, and leaves behind bereaved families and members of the public because of the absence of a safeguarded choice at the end of life?

The hon. Lady draws a distinction between the issue of those who have a terminal illness and the broader issue of suicide, which is an important part of this debate. I respect her sincerely held views. The exchange between my hon. Friend the Member for Congleton (Fiona Bruce) and the hon. Lady exemplifies why it is right that Parliament debates and decides on these matters.

Is my right hon. Friend aware that a British Medical Association survey of its members on assisted suicide and euthanasia found that 83% of those involved in providing palliative care—those who have the most experience of dealing with people at the end of their lives—would oppose any legalisation of euthanasia, and that 84% declared that they would be unwilling to participate in any such activity? Surely we should be guided, in many ways, by the professionals in this regard.

My hon. Friend makes another important contribution to this debate. There is inevitably a discussion within the medical profession about this important question. That should be taken into account, alongside the views, as the hon. Member for Leicester South (Jonathan Ashworth) said, of faith leaders, the public and those who face terminal disease, as Parliament debates this subject.

Terminally ill people are travelling prematurely and alone to end their lives abroad for a number of reasons, including covid. Another is that they wish to save relatives from the risk of prosecution. Will the Secretary of State liaise with his Home Office colleagues and the police, who themselves find these cases difficult, to ensure that any response is sensitive and proportionate?

That incredibly important and sensitive matter needs to be considered as part of the overall approach. These questions should all be brought out in a debate on this subject. That is Parliament’s role, given that this is an area of conscience on which the Government do not take a view.

It is very sad that anyone has to go abroad to end their life when they have a terminal illness—I find that dreadfully sad. I ask my right hon. Friend, because I am unsure of this: how many people on average go abroad to end their lives every year?

The Government do not collect data on the number of people who travel abroad for an assisted death. We would consider collecting data on assisted dying if it was felt that that would improve and contribute to a sensitive debate in Parliament on this subject.

We have seen that there is widespread support in this House, and the research tells us that there is widespread support in the country, for a review of the law, so will the Government look at what has happened in other countries such as New Zealand and promise that there will be a review, with a view to decriminalising the situation and bringing some compassion into the law?