Dignity in Dying comments on Martin (AM) and Lamb judgments
Real progress has been made in the Court of Appeal today. In the future doctors and other professionals will be clearer about what support they can provide to patients making end of life decisions, and this will result in better support for many at the end of life. These issues however must be addressed by Parliament, with clear criteria and safeguards set out in statute. We are confident that an assisted dying law for terminally ill, mentally competent adults, would better protect people than the current law, and Lord Falconer’s Bill which would achieve just that, will be debated there in due course.
The cases of Paul Lamb and Martin, formally known as AM, were heard in the Court of Appeal in May, and the judges ruled this morning that while Paul Lamb’s case was dismissed, but the Martin case was upheld in a split judgment.
As a result of a stroke, Martin is unable to end his life without assistance. His legal team launched a High Court challenge to clarify whether medical or healthcare staff, acting out of compassion, would be prosecuted if they assisted Martin with his wish to die by providing assistance in making arrangements to be assisted to die in Switzerland, including providing care to him during the journey and in Switzerland.
The policy of the Director of Public Prosecutions (DPP) on assisted suicide indicates that people assisting loved ones to die in an amateur capacity are unlikely to be prosecuted, whereas healthcare professionals will be. The policy does not clarify what constitutes assistance.
Today Martin’s case has achieved the promise of greater clarity around what healthcare professionals can do to support a patient who wishes to end their life. This is to be welcomed and will certainly make a positive difference to dying patients and their healthcare teams going forward.
Paul Lamb took on Tony Nicklinson’s case, following Tony’s death in August 2012, and is pursuing the argument that a defence of necessity should be available to a doctor if they were to assist him to die at his request. Paul Lamb also lost his appeal.
Sarah Wootton, Chief Executive of Dignity in Dying said:
“These cases continue to raise difficult and important legal and ethical issues. There is a difference between which acts are lawful and which acts are criminal but not prosecuted. We believe that assistance to die for terminally ill, mentally competent adults, within safeguards, should be lawful, not simply forgiven. Neither of these men is terminally ill, and Dignity in Dying is campaigning for a change in the law on assisted dying, for dying, competent adults, not for an unfettered right to die. However, the assisted suicide law is decades out of date and greater clarity on who will be prosecuted under it is welcome.
Real progress has been made in the Court of Appeal today. In the future doctors and other professionals will be clearer about what support they can provide to patients making end of life decisions, and this will result in better support for many at the end of life.
While this is good news, dying Britons should not be forced to travel abroad for help to die. These issues however must be addressed by Parliament, with clear criteria and safeguards set out in statute. We are confident that an assisted dying law for terminally ill, mentally competent adults, would better protect people than the current law, and Lord Falconer’s Bill which would achieve just that, will be debated there in due course.”
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Notes to editor:
About Dignity in Dying:
Dignity in Dying campaigns for greater choice, control and access to services at the end of life. It advocates providing terminally ill adults with the option of an assisted death, within strict legal safeguards, and for universal access to high quality end-of-life care.
Dignity in Dying has over 25,000 supporters and receives its funding entirely from donations from the public.
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