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MS woman wins right-to-die fight MS woman wins right-to-die fight
(10 minutes later)
A woman with multiple sclerosis has made legal history by winning her battle to have the law on assisted suicide clarified.A woman with multiple sclerosis has made legal history by winning her battle to have the law on assisted suicide clarified.
Debbie Purdy, 46, from Bradford, is considering going to Switzerland to end her life.Debbie Purdy, 46, from Bradford, is considering going to Switzerland to end her life.
She had gone to the House of Lords seeking an assurance her husband, Omar Puente, would not be prosecuted.She had gone to the House of Lords seeking an assurance her husband, Omar Puente, would not be prosecuted.
The Law Lords are now likely to ask the Director of Public Prosecutions to set out when prosecutions would happen. After the judgement Ms Purdy said she was "ecstatic" and felt like she had been given her life back.
I feel like I've been given a reprieve Debbie Purdy
She said the decision was "a huge step towards a more compassionate law".
"I'm ecstatic - I feel like I've been given a reprieve.
"I want to live my life to the full but I don't want to suffer unnecessarily at the end of my life.
"The decision means that I can make an informed choice, with Omar, about whether he travels abroad with me to end my life because we will know exactly where we stand."
No one has been prosecuted for assisting someone's death, although the law says they could potentially face 14 years in prison.No one has been prosecuted for assisting someone's death, although the law says they could potentially face 14 years in prison.
But the Law Lords said the law was not as clear and precise as it should be.But the Law Lords said the law was not as clear and precise as it should be.
They have told the DPP he must prepare an "offence-specific policy" identifying facts and circumstances which he would take into account when deciding whether or not to prosecute in cases like Debbie Purdy's. They said the Director of Public Prosceutions (DPP), he must prepare an "offence-specific policy" identifying facts and circumstances which he would take into account when deciding whether or not to prosecute in cases like Debbie Purdy's.
However the Law Lords, in their last judgement prior to the establishment of a UK Supreme Court, said it was not their role to dictate what the law should be but to clarify it. Human rights
The DPP has previously said he does not want to have his hands tied, and needs to have the right to decide prosecutions on a case-by-case basis.The DPP has previously said he does not want to have his hands tied, and needs to have the right to decide prosecutions on a case-by-case basis.
Ms Purdy also won on a second point - the Law Lords said she did have the right to choose how she died, under Article 8 of the European Convention on Human Rights.Ms Purdy also won on a second point - the Law Lords said she did have the right to choose how she died, under Article 8 of the European Convention on Human Rights.
That must be better than the current legal muddle Sarah Wootton, Dignity in Dying
She had previously lost challenges in the High Court and Court of Appeal. The Lords ruling was her last chance of success in the UK legal system.She had previously lost challenges in the High Court and Court of Appeal. The Lords ruling was her last chance of success in the UK legal system.
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Ms Purdy was diagnosed with primary progressive MS in March 1995. She can no longer walk and is gradually losing strength in her upper body.Ms Purdy was diagnosed with primary progressive MS in March 1995. She can no longer walk and is gradually losing strength in her upper body.
She has suggested that at some point she may travel to Switzerland to take a lethal dose of barbiturates prescribed by doctors at the controversial Dignitas organisation.She has suggested that at some point she may travel to Switzerland to take a lethal dose of barbiturates prescribed by doctors at the controversial Dignitas organisation.
More than 100 UK citizens have so far ended their lives at Dignitas, and no-one who has accompanied them has ever been prosecuted on their return to the UK.More than 100 UK citizens have so far ended their lives at Dignitas, and no-one who has accompanied them has ever been prosecuted on their return to the UK.
However, the reasons why legal action has not been taken have never been made clear.However, the reasons why legal action has not been taken have never been made clear.
Ms Purdy, who wants her husband to be at her side when she dies, wants to be confident he will not be arrested upon his return. 'Significant victory'
She has previously said that if the law was not clarified she would have to end her life earlier than she wanted to. Ms Purdy had previously said that if the law was not clarified she would have had to end her life earlier than she wanted to.
But if the risk of prosecution was sufficiently low, she would be able to wait until the last moment before travelling to Switzerland with her husband's assistance. Sarah Wootton, chief executive of Dignity in Dying, said: "This historic judgement ensures the law keeps up with changes in society and crucially, provides a more rational deterrent to abuse than a blanket ban which is never enforced.
In 2001 Diane Pretty, who had motor neurone disease, failed to get immunity from prosecution for her husband if he helped her to die in the UK. "That must be better than the current legal muddle.
Several attempts to legalise suicide in Britain have also been rejected. "The ruling is significant because it distinguishes between maliciously encouraging someone to commit suicide and compassionately supporting someone's decision to die."
Former Lord Chancellor, Lord Falconer, said it was a "very significant victory".