Assisted Dying Coalition

The Falkland Islands Legislative Assembly has voted in favour of a motion to support the right of terminally ill islanders to choose a dignified assisted death, by a margin of four votes to three, with one abstention. The Legislative Assembly also passed a second motion stating that in the event that assisted dying is legalised in the UK, the Falklands Islands will also introduce it. Humanists UK, which campaigns for a change in law to allow those who are the terminally ill or incurably suffering to have an assisted death, welcomes this vote.

These motions on the Falkland Islands follow debates in the crown dependencies of Guernsey and Jersey on assisted dying. In May, the States of Guernsey Assembly voted against proposals which were brought forward by Chief Minister Gavin St Pier and were supported by Channel Islands Humanists and Humanists UK.

Humanists UK Director of Public Affairs and Policy Richy Thompson commented, ‘Although this vote does not directly change the law on Falkland Islands, it is indicative of growing support for change across the UK, crown dependencies, and overseas territories. The Falkland Islands are leading way on this issue.

‘As medical science has become more advanced, so too has our ability to keep people alive for longer than ever before. This development in science is to be welcomed but it also means that many people end up suffering for longer before they die. The motions on which the Falkland Islands has voted, therefore, are needed more now than at any other time in our history.’

Notes

For further comment or information, please contact Humanists UK’s Director of Public Affairs and Policy Richy Thompson at richy@humanism.org.uk or on 0781 55 89 636.

In 2013-14, Humanists UK intervened in support of Tony and Jane Nicklinson’s and Paul Lamb’s attempts to overhaul the law on assisted dying for the terminally ill and incurably suffering by taking human rights cases through the courts. Humanists UK also supported subsequent attempts in the UK Parliament to legalise assisted dying for the terminally ill.

This year, Humanists UK intervened in the Court of Appeal case of its member Noel Conway, who is terminally ill, and is intending to do the same in the anticipated High Court case of its member Omid T, who is seeking to also allow assisted dying for those who are not terminally ill but are incurably suffering.

Read more about Humanists UK’s campaigns work on assisted dying: http://humanism.org.uk/campaigns/public-ethical-issues/assisted-dying/

At Humanists UK, we advance free thinking and promote humanism to create a tolerant society where rational thinking and kindness prevail. Our work brings non-religious people together to develop their own views, helping people be happier and more fulfilled in the one life we have. Through our ceremonies, education services, and community and campaigning work, we strive to create a fair and equal society for all.

In a blow for assisted dying campaigners everywhere, Noel Conway has today lost his claim at the Court of Appeal for the right to die. Noel, who is a member of Humanists UK and is being supported by Dignity in Dying, has motor neurone disease, which is terminal and incurable. He is seeking the right to an assisted death for those terminally ill and with six months or fewer to live. Humanists UK intervened in support of Noel’s challenge, and is disappointed at the outcome.

Humanists UK worked with humanist philosophers Simon Blackburn and John Harris to craft its intervention. Both filed witness statements examining the underlying ethics of the situation, reflecting Humanists UK’s unique interdisciplinary expertise at the intersection of medical ethics, moral philosophy, and the law. Humanists UK adopted a similar approach in the Supreme Court cases of R (Nicklinson and Lamb) v Ministry of Justice; R (AM) v DPP (also concerned with assisted dying) and Re: Re: Northern Ireland Human Rights Commission (about abortion in Northern Ireland). Humanists UK’s Chief Executive Andrew Copson also submitted evidence on the views of people with motor neurone disease on assisted dying, which showed significant support for a change in the law. Humanists UK also made written and oral legal submissions.

Humanists UK Chief Executive Andrew Copson commented, ‘We are disappointed by the outcome of Noel Conway’s appeal, and very much hope there is a further appeal to the Supreme Court. It is simply wrong that people in this country who are of sound mind, and are terminally ill or incurably suffering, are denied the choice, dignity, and autonomy to be able to have assistance to end their lives at a time and in a manner of their choosing.

‘The expectation all the way through this case has been that it is the Supreme Court that is most likely to move past its previous decision in Nicklinson, and we will now look to that Court to do so.

Hodge Jones & Allen LLP’s Nancy Collins, who is representing Humanists UK in the case, commented, ‘Despite the strength and clarity of the arguments advanced by Mr Conway and the forceful submissions made by Humanists UK, the Court of Appeal has adopted a cautious approach to the critical question of the right to die. It is concerning that such little progress has been made through the judicial process despite the compelling evidence of an urgent need to a change to the prohibition on assisted dying. It is vital that this issue remains under review by the judiciary and it is hoped that Mr Conway’s case will progress speedily to the Supreme Court.’

The news comes a day after a poll conducted for the Daily Mirror found that three-quarters of the public back assisted dying for terminally ill people, with 63 percent saying likewise for those who are not terminally ill but are incurably suffering.

Details of the case

Noel Conway is a 68-year-old man with terminal motor neurone disease, who is supported by Dignity in Dying in his legal challenge to the illegality of assisted dying for those who are terminally ill and have six months or fewer to live. He has brought judicial review proceedings seeking a declaration that the prohibition against assisted suicide in section 2 of the Suicide Act 1961 is incompatible with his right to private and family life, protected by article 8 of the European Convention on Human Rights, as incorporated into UK law by the Human Rights Act 1998. He was unsuccessful in the High Court, and today’s judgment follows his appeal to the Court of Appeal.

Humanists UK submitted witness statements from Simon Blackburn, John Harris, and Andrew Copson, and made oral and written submissions. Humanists UK was represented in its intervention by Nancy Collins of Hodge Jones & Allen LLP alongside Caoilfhionn Gallagher QC and Graeme Hall, both of Doughty Street Chambers.

Separately, another Humanists UK member, ‘Omid T’, is bringing a case to also challenge the fact that those who are incurably suffering cannot access an assisted death. His case has had a preliminary hearing at the High Court, and its decision is awaited.

Notes

For further comment or information, please contact Humanists UK’s Director of Public Affairs and Policy Richy Thompson at richy@humanism.org.uk or on 0781 55 89 636.

Read Humanists UK’s previous comment, on the conclusion of the High Court hearing: https://humanism.org.uk/2017/07/20/noel-conways-assisted-dying-hearing-concludes-in-high-court/

Read more about Humanists UK’s campaigns work on assisted dying: http://humanism.org.uk/campaigns/public-ethical-issues/assisted-dying/

At Humanists UK, we advance free thinking and promote humanism to create a tolerant society where rational thinking and kindness prevail. Our work brings non-religious people together to develop their own views, helping people be happier and more fulfilled in the one life we have. Through our ceremonies, education services, and community and campaigning work, we strive to create a fair and equal society for all.