This March Parliament will debate the prosecuting policy on assisted suicide. They will be asked whether to welcome a set of guidance issued by the Director of Public Prosecutions (DPP) on the factors taken into account when deciding to prosecute in cases where a person has assisted someone to die.
We’ve written this FAQ to help you navigate your way through the guidance and empower you to encourage your MP to attend.
The DPP’s guidelines on assisted suicide
The Suicide Act 1961 decriminalised suicide but made assisting another person to end their life a crime. Parliament included the provision that the DPP should have discretion over whether or not to prosecute in individual cases.
In 2009 Debbie Purdy, who has primary progressive multiple sclerosis, took her legal case to the Law Lords – now the Supreme Court. Debbie wanted clarity on the current law and wished to know whether her husband was likely to be prosecuted if he accompanied her to Switzerland to have an assisted death. In their verdict the Law Lords instructed the DPP to make clear the factors that he takes into account in deciding whether to prosecute someone for assisting a suicide. The result was the DPP’s guidance on cases of assisted suicide
Why are the DPP’s guidelines important?
The DPP’s guidelines offer clarity and give reassurance to many terminally ill people and their families. They provide a good indication of the circumstances under which they are likely to be prosecuted for helping a loved one to die.
What is the forthcoming Commons debate about?
In March MPs will be asked to consider the current law, how it is working in practice and whether or not to welcome the guidance.
What is Parliament’s stance on the DPP’s Guidelines?
The DPP’s guidelines have been in place for two years but have never been debated by the House of Commons. A recent debate in the House of Lords indicated broad support for the guidelines, but MPs have not had a chance to comment on the current legal situation.
Is the debate about changing the law on assisted dying?
No. Parliament is not being asked to consider if there should be a change in the law on assisted dying. The aim of the debate is to discuss the current law, and the guidelines set out to clarify cases in which a person may be prosecuted. The law in England and Wales on assisted dying will not change as a result of the debate.
What if my MP is opposed to assisted dying?
Even if you know that your MP is opposed to a change in the law on assisted dying for terminally ill people, there is still every chance that they support the DPP’s guidance. The guidance makes clear that it is in not in the public interest to automatically prosecute in cases of assisted suicide where the motive is compassionate.
MPs who do not agree that a change in the law is necessary can still support a flexible approach to the current law. For example the Archbishop of Canterbury recently set out his opposition to a change in the law on assisted dying, but at the same time he also said “we can be realistic, we can be compassionate, in the application of the existing law."
The only clear way to find out whether your MP is supportive, regardless of their view on a change in the law, is to write and ask for their view in advance of the debate.
When is the debate?
Tuesday 27th March – from 11.30am to 7pm.
What can I do to help?
We need your help – please write to your MP to encourage them to attend and support the motion.
If you would like more information about the debate email campaigns@dignityindying.org.uk