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MPs debating assisted dying laws in Commons MPs debating assisted dying laws in Commons
(40 minutes later)
MPs are debating whether to endorse new prosecution guidelines on assisted dying. MPs should give their backing to "realistic and compassionate" prosecution guidelines on assisted dying, a senior Tory MP has said.
Richard Ottaway is leading a Commons debate on guidance issued in 2010 by the director of public prosecutions.
It states that a decision to prosecute someone who helps another to die must be in the public interest and must take account of the suspect's motivation.
Assisting a suicide is illegal and the issue is highly controversial.Assisting a suicide is illegal and the issue is highly controversial.
In 2010, the director of public prosecutions said any decision about whether to prosecute someone should take account of their motivation and whether they stood to gain financially.
Tory MP Richard Ottaway says MPs should discuss the guidelines because they affect how the law is applied.
The Commons Backbench Business Committee allowed the debate, which will be the first full assisted suicide debate on the floor of the chamber since 1970 - although there was a vote on a backbench MP's "ten minute rule bill" in 1997.The Commons Backbench Business Committee allowed the debate, which will be the first full assisted suicide debate on the floor of the chamber since 1970 - although there was a vote on a backbench MP's "ten minute rule bill" in 1997.
Opening the debate, Mr Ottaway said it was "a very sensitive issue" which provoked "deep emotion", and it should be for Parliament - as representatives of the public - not the courts to "have the last word" on it.Opening the debate, Mr Ottaway said it was "a very sensitive issue" which provoked "deep emotion", and it should be for Parliament - as representatives of the public - not the courts to "have the last word" on it.
He said the law at present did not distinguish between "the person who irresponsibly and maliciously encourages a suicidal person" and "the loving spouse who lovingly fulfils a partner's request".He said the law at present did not distinguish between "the person who irresponsibly and maliciously encourages a suicidal person" and "the loving spouse who lovingly fulfils a partner's request".
'Out of step''Out of step'
The 2010 guidelines were the result of a case brought by Debbie Purdy, a terminally ill woman, who in 2009 won a ruling from the Law Lords requiring the director of public prosecutions (DPP) to set out whether her husband would be committing an offence if he accompanied her to the Swiss assisted-suicide organisation Dignitas to end her life.The 2010 guidelines were the result of a case brought by Debbie Purdy, a terminally ill woman, who in 2009 won a ruling from the Law Lords requiring the director of public prosecutions (DPP) to set out whether her husband would be committing an offence if he accompanied her to the Swiss assisted-suicide organisation Dignitas to end her life.
DPP Keir Starmer listed factors which should weigh for or against prosecuting - including whether the victim had reached a "voluntary, clear, settled and informed" decision and whether the suspect had acted "wholly compassionately".DPP Keir Starmer listed factors which should weigh for or against prosecuting - including whether the victim had reached a "voluntary, clear, settled and informed" decision and whether the suspect had acted "wholly compassionately".
MPs are debating the motion, tabled by Mr Ottaway, that "this House welcomes the director of public prosecutions' policy for prosecutors in respect of cases of encouraging or assisting suicide published in February 2010". MPs are being asked to endorse or reject Mr Starmer's guidelines by voting on the motion.
They will be able to endorse or reject Mr Starmer's guidelines by voting on the motion.
Labour MP Dame Joan Ruddock has also tabled an amendment suggesting the guidelines should be enshrined in law and Mr Ottaway gave his backing to that.Labour MP Dame Joan Ruddock has also tabled an amendment suggesting the guidelines should be enshrined in law and Mr Ottaway gave his backing to that.
He said it would "address the charge that this debate is the thin end of the wedge or the slippery slope".He said it would "address the charge that this debate is the thin end of the wedge or the slippery slope".
"The current policy exists and can currently be amended without parliamentary scrutiny. If we have the policy enshrined in statute it will need another statute to change the law," he said."The current policy exists and can currently be amended without parliamentary scrutiny. If we have the policy enshrined in statute it will need another statute to change the law," he said.
Dame Joan herself agreed, saying it would mean mean that "this sensible humane and popular policy could only be changed by Parliament" - not by any future DPP.Dame Joan herself agreed, saying it would mean mean that "this sensible humane and popular policy could only be changed by Parliament" - not by any future DPP.
But Solicitor General Edward Garnier said he did not advocate a change in the law.
"It will create a form of sclerosis. It will lead to all sorts of problems which may not be intended," he said, adding that any future DPP who overturned the guidelines would be "judicially reviewed for behaving in a rather whimsical way".
He said he agreed with Dame Joan that the 2010 guidelines were "a good thing", adding: "So why not leave them where they are and let them remain good?"
1961 Act1961 Act
Mr Ottaway said ahead of the debate that a rejection of his motion would "indicate that the thinking of parliamentarians (who make the law) is out of step with the DPP, who enforces the law". Tory MP Fiona Bruce, whose own amendment calling for improvements in palliative care is supported by dozens of MPs, spoke out against any move to legalise assisted suicide and paid tribute to the hospice movement.
However, it would not cause the guidelines to be withdrawn because they were brought in by a court order and could only be href="/news/uk-politics-17516998" >MPs debating assisted dying laws withdrawn with another order. "Their care and treatment of patients embodies the culture in this nation which we have, which is to prioritise care at the end of life," she said.
"It does not prioritise foreshortening life at the end of it by months or years."
Mr Ottaway, who chairs the foreign affairs select committee, said: "I hope today that, whatever view we take individually on the law, we can agree that the approach taken by the DPP was both realistic and compassionate.
"If there is majority in this House in favour of this motion, I think we will have done the nation a service. If there is a majority against it, we have a problem, with the DPP and 82% of the public saying one thing and the people's elected representatives saying another."
Defeat for the motion would not cause the guidelines to be withdrawn because they were brought in by a court order and could only be withdrawn with another order.
The Suicide Act 1961 - which makes assisting suicide illegal - states that the DPP decides on all cases of assisting suicide. If MPs wanted to remove that power, they would have to change the law.The Suicide Act 1961 - which makes assisting suicide illegal - states that the DPP decides on all cases of assisting suicide. If MPs wanted to remove that power, they would have to change the law.
Sarah Wootton, chief executive of campaign group Dignity in Dying, said: "Whatever their views on assisted dying and whether dying Britons should have the choice of an assisted death in the UK, I do not imagine MPs will be able to, in good conscience, vote against the motion and effectively say to those people watching the debate that they should be in prison for making one of the most heart-breaking decisions of their lives."Sarah Wootton, chief executive of campaign group Dignity in Dying, said: "Whatever their views on assisted dying and whether dying Britons should have the choice of an assisted death in the UK, I do not imagine MPs will be able to, in good conscience, vote against the motion and effectively say to those people watching the debate that they should be in prison for making one of the most heart-breaking decisions of their lives."
In January, the Commission on Assisted Dying - set up and funded by campaigners who want to see a change in the law - said there was a "strong case" for allowing assisted suicide for people who are terminally ill in England and Wales.In January, the Commission on Assisted Dying - set up and funded by campaigners who want to see a change in the law - said there was a "strong case" for allowing assisted suicide for people who are terminally ill in England and Wales.
But the report had a mixed response, with critics calling it biased.But the report had a mixed response, with critics calling it biased.
The government indicated there were no plans to change the law.