Coroners and Justice Bill

My Lords, I agree entirely with the noble Lord, Lord Goodhart. Perhaps I may make one or two final comments and then the noble Lord, Lord Alderdice, will respond. As the House knows, the Government believe that any change to the law in this area is an issue of individual conscience and, of course, a matter for Parliament to decide. We have been reminded of the debate that we held as recently as 7 July, when, on a free vote, the House came to a view. The House has great respect for the noble Lord, Lord Alderdice, and for all those who have contributed to this debate on whichever side. Our firm view remains that the Coroners and Justice Bill has never been, and is not now the appropriate vehicle for change in the criminal law as it applies to assisted suicide. The provisions in Clause 53 do not change the scope of the current law. Our aim is to simplify the law by bringing together two existing offences, and to modernise the language to aid clarity and understanding. Conduct that is illegal now would remain illegal. Unlike the amendment that we debated on 7 July, this amendment seems to tackle the issue of assisted dying head-on, by making it legal in limited circumstances to assist the suicide of a person who is suffering from a confirmed, incurable and disabling illness. The House has debated around this issue on a number of occasions, most notably in the context of Private Members’ Bills introduced by my noble friend Lord Joffe. His second Bill was considered at some length by a Select Committee—some of whose members may be in the House tonight—chaired by the noble and learned Lord, Lord Mackay of Clashfern, which reported in April 2005. That committee did not take a position either way on the central issue, but it made a number of recommendations with regard to any future Bills that are relevant. The moral and ethical issues raised by this amendment have been well rehearsed. I simply remind the House that, whatever the moral arguments, any Government are duty-bound to ensure that amendments to the criminal law are fit for purpose. It therefore falls to me to set out some of the difficulties with the amendments as drafted. These points pick up many of the themes that the Select Committee, chaired by the noble and learned Lord, Lord Mackay, identified. The amendment does not limit the rendering of assistance with suicide to doctors or address significant implications that legislation in this area would have for healthcare professionals. Nor, unlike the amendment debated in July, does it address the crucial issue of mental capacity. It refers to, ""confirmed, incurable and disabling illness"," which potentially goes much wider than terminal illness, but it does not define those terms. We have already had the discussion on whether the coronial system and coroners are in any way appropriate. To be fair to the noble Lord, Lord Alderdice, he suggested in his opening remarks that that might not be so. I certainly get the impression, although I may be wrong, that the noble Lord has raised this issue, whether appropriately or not, late at night on Report, to have a discussion around it. He made it clear, and I was very pleased to hear it for a number of reasons, that he does not intend to press his amendment this evening. Some members of the Government go one way on this issue, and others go the other way, and there is nothing wrong in that. The amendment arguably raises more questions than it answers. Any proposal to change the law would properly require detailed and careful scrutiny by both Houses of Parliament. This Bill is not the place for that.