My Lords, I should like to follow the Minister’s cautionary advice that the Bill is not the place to introduce a debate on assisted dying. I understand and agree with that advice, but as the Bill includes clauses dealing with assisted dying and seeks to change the law on diminished responsibility to the detriment of mercy killers, I will touch on Clauses 42 and 49.
I had intended to raise the issue of protecting individuals who assist their loved ones to travel to countries where assisted dying is lawful in order to end their suffering by ending their lives. However, the noble and learned Lord, Lord Falconer, the noble Lords, Lord Lester and Lord Taverne, the noble Baroness, Lady Jay, and others have spoken so eloquently on this issue that I have nothing to add and simply associate myself with their proposals and views. I had also intended to talk about the proposed changes to the law on murder. However, having listened to the incisive and brilliant speech of the noble and learned Lord, Lord Lloyd, I have very little to add but thought that I would touch on Clause 42, which provides that the only sentence the courts can impose on mercy killers charged with murder is life imprisonment. However, the noble Lord, Lord Goodhart, has convincingly covered that point. Accordingly, I will be very brief.
I underline the injustice and disporportionality of imposing the same punishment on a mercy killer driven by compassion and acting at the request of the terminally ill patient as on a murderer who has killed for gain. How they can possibly both be liable for the same sentence strikes me as a grave injustice. The Ministry of Justice’s consultation paper states in relation to the suicide clause: ""Our aim is to ensure that the law in this area is just, effective and up-to-date, and produces outcomes which command public confidence"."
It is difficult to understand how mandatory life sentences for mercy killers can be considered just. It is even more difficult to understand how the Government can believe that the Bill’s outcomes will command public confidence when opinion surveys consistently show that 80 per cent of the population are in favour of assisted dying and when two Lord Chief Justices, including the current Lord Chief Justice, a previous Director of Public Prosecutions, the Bar Council, the Law Society, Liberty and Justice all support the Law Commission’s recommendation that before changing the law, extensive consultation needs to be undertaken. Will the Minister outline the reasons for not following the Law Commission’s recommendations?
Coroners and Justice Bill
Proceeding contribution from
Lord Joffe
(Labour)
in the House of Lords on Monday, 18 May 2009.
It occurred during Debate on bills on Coroners and Justice Bill.
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Proceeding contribution
Reference
710 c1283 
Session
2008-09
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