
Lord Falconer is championing the cause of those who assist the terminally ill with suicide – to my mind a perfectly reasonable cause to give dignity to those who wish to end their lives because of ilness and pain yet who do not wish to bring harm through
prosecution to those who assist them. Times
“We are in this awful situation where people who travel with relatives probably won’t be prosecuted, but can’t be sure,” said Falconer. “It means people are going to clinics on their own, or going earlier than they otherwise would, which can’t be right.
“In my view rightly, the DPP has refused to prosecute around 100 people in these cases. The law must be brought in line with actual practice and the change in public views on these issues.”
Inevitably there has been a parade of ex-archbishops and bishops coming forward to argue the point. Lord Carey has joined the ranks of those who wish to block this change in the law and who seem to have missed an elementary philosophical position – the right of an individual to make decisions. Writing today in the News of The World – a paper not noted for a focus on deep philosophical issues – under the screaming headline – Mercy Killers are hijacking the suicide bill Lord Carey
argues that an amendment would put the elderly at risk of unscrupulous heirs who wish to do away with their relatives so they can get the money. This may well be the case – but this phenomenon can surely be dealt with by an independent assessor who looks at the evidence and the reality behind a request to die?
For my part if an adult wishes to end his or her life, but is unable to pursue this action alone they should be given the right to do so free of the burden that their partner or family member or friend will be prosecuted. My reasoning is based on a principle that we should have an absolute right – free from religious or philosophical ethics of a bygone age – to determine how we should run our lives and, in this case, our deaths. Even on a Benthamite utilitarian construct, the right to die and enlist the help of another who is prepared to extend love for their friend in this way will give the person who wishes to die greater pleasure to themselves than harm to others and should, accordingly be a right enshrined in law. Of course we must have laws in place to prevent unscrupulous relatives knocking off their rich relatives – but that, surely, is not beyond the ability and will of parliament?
And then we have Jack ‘Hardliner’ Straw, our Lord Chancellor, turning down parole for Ronnie Biggs on the grounds that Ronnie Biggs did not show repentance for his crime and chose to commit another crime by escaping from custody all those years ago. To this Jack ‘The Pirate Hat’ Straw added that Biggs had courted press attention outrageously.
The facts are these. Ronnie Biggs was one of the Great Train Robbery Gang. He coshed the guard. The guard died subsequently. Biggs and his fellow gang members was sentenced to thirty years – a sentence, some say, issued to show that the government and the judiciary were cracking down on organised crime. Biggs did a runner and for many years made a laughing stock out of Plod who chased him around the world and finally to Brazil. Biggs returned to Britain, a sick man, voluntarily and was immediately banged up. Biggs is an old man now and seriously ill. He is unlikely to be a threat to anyone in society apart from himself. He is too frail to even steal a newspaper from the local newsagent, let alone use a cosh or commit robberies. The Parole Board recommended release.
I am baffled by Straw’s decision. In my view – and I am far from alone in this – he has made a poor decision and has diminished himself and the justice system in the process. Prison is not simply about revenge. It is about deterrence and rehabilitation. It is, in so far as it can show this, also about compassion and hope. I can see nothing in this decision of Jack Straw’s other than revenge. It is a decision which leaves a rather unpleasant odour. It is ironic when Straw is falling over himself to tell the judiciary not to jail people and not to be offended when criminals show disrespect to them and the justice system because we haven’t enough prisons and we don’t wish young thugs to feel discrimiated against – that he should now wish to appear to be the ‘Iron Man of Justice’. Straw would be better off listening a bit more to the senior judiciary and other experts on other means of punishment. We have more people in our prisons than any other country in Europe and more lifers, I understand, than the rest of the European Union put together. I won’t even
bother to consider today whether half of these people (non violent people) are even in prison. I doubt whether many prisoners show repentance. Straw would be better placed dealing with the rise in serious crime and not pissing about on a pre-election ‘London Palladium’ stage grandstanding. FAIL… as they say in the modern vernacular.
And finally… My favourite pic of the week. A fabulous one fingered salute from a brave woman. I am grateful to Natasha Phillips, a fellow blogger and friend, for putting this picture up on Twitter earlier today. It needs no commentary. Natasha, who is part Persian, is also a serial user of Twitter (@sobk13) and, late at night, is a Twitter DJ using Blip.FM! She also plays a savage and cunning game of Scrabble and is resistant to my puns. I am working on new tactics.

Speaking as someone who lives with a degenerative, and incurable illness, there are but two words which spring to my mind:
SLIPPERY SLOPE…………
Surely, Lord Falconer’s case would be much better expressed as saying that the DPP has never prosecuted in such circumstances. Not only do we currently have the safeguard of the DPP but, beyond that, and should there ever be a prosecution brought, the high prospect of a perverse jury decision. When what he have currently does the job, and not just adequately but impeccably, any change cannot improve on that but only worsen it.
whne lord bingham weighs in on the side of a change in the law on assisted suicide you better listen.
i can’t agree with you on ronnie biggs, charon. it does seem to be a case where the criminal has never shown any remorse; that is an element parole boards are supposed to take into consideration. but it is also certain he is no danger to anyone and keeping him inside is expensive.
however, he has not (i believe) served his sentence or anything like it. that is because he absconded. there is a good legal principle of not allowing people to profit from their iniquity.
any release would be on compassionate grounds. it is hard to show compassion for one who spent most of the time he would have done inside in south america presumably living off the proceeds of crime. he has had his fun – tough. he can serve some of his sentence. law is not about a populist appeal to the lowest hangem-shootem-floggem denominator. it is about reflecting the values of society at large.
harriet harperson was halfway decent on this on question time and reminded people that such decisions are now out of the hands of politicians. so there is a limit to labour control freakery – it is easy to forget among the shrilling of the daily male and dave (oops section 28 was a mistake we don’t hate queers any more) cameron that labour has attempted to take the bank of england out of direct control. here too they have taken a small step to maintain what separation of the powers there exists.
and as i mentioned section 28, i don’t accept the tories have done their time yet for queer-bashing. keep them inside (outside) a bit longer.
SW… The Biggs decision seems to have polarised opinion. I can understand why. Carl Gardner, who I am often in agreement with on civil liabilities, takes your line.
It is not an easy decision. I suspect I may be falling for the popular line – that the government are not addressing the issue of serious violent criminals adequately and are ‘pissing about’ with a has been bank robber when there are far more important matters to be dealt with – and that I am losing sight of the important issue of the principle that prison is supposed to deter violent crime/robbery.
It has been suggested that the 30 year sentence for robbery imposed originally was probably too high.
I shall have to give this some thought. Fortunately I am in a position to reflect and if I change my mind – that will not cause one iota of harm to another. Rather a different issue for a judge or Lord Chancellor, of course.
I am, as always, open to debate and discussion,
SW: Re Assisted Suicide
I am of course familiar with Lord Bingham’s powerful statement of the law and review of political committee reports across the EU in The Queen on the Application of Mrs Dianne Pretty (Appellant) v Director of Public Prosecutions (Respondent) and Secretary of State for the Home Department (Interested Party)
While I have some sympathy with the caution shown by EU governments here – even the Netherlands position is tight – I do feel that an adult with the capacity to make a decision should have the right to choose when to die in circumstances where the pain becomes so intense, or life so unbearable, that death becomes preferable to life.
Often by that stage, of course, the sufferer is in no position to arrange matters without assistance and, sadly, some have self prescribed or committed suicide in very much more violent ways, sometimes, I am told, without success, causing themseleves even more pain.
Doctors have told me about pain management techniques which, effectively, end life utlimately.
It is a terribly difficult question – which is why I chose to raise it in a serious blog post – but on balance I am in favour of an amendment to the law to ensure that those who assist in a suicide, provided consent is clear not only from the sufferer but also from the person assisting, that the law should permit people to assist.
I hope that few are faced with this awful predicament. Would I wish to die if life became unbearable. I’m not sure – the will to live in strong in most people.
Would I be prepared cto assist a loved one? I suspect that i would if the suffering was severe for the person I loved. I suspect that most people would.
i suppose i would too if i had to. i think most public opinion is with us on this but with bingham speaking in favour it must carry a great deal of weight. for once, i respect the bishops coming in with their view – it probably represents quite a body of opinion too.
[...] in the House of Lords, hopefully not the last such effort to address this important concern. As you noted a couple of weeks ago, Falconer has recognized that the state’s decision not to prosecute [...]