Latest news with #SuicideAct1961
The National
11-05-2025
- Politics
- The National
Voting against assisted dying legislation will not be a neutral act
If a majority of MSPs support these principles, they will have an opportunity to revisit the detail of the proposals, amending and approving the definitions and safeguards line by line, before a final vote is taken. But if Liam McArthur can't win a majority this week, his bill falls, and with it, the realistic prospect of assisted dying being legalised in Scotland for the foreseeable future. Last week, we learned that both John Swinney and Humza Yousaf will vote against the measure – but just days away from Holyrood's crunch vote, it's far from clear how parliamentary opinion will balance out in the conscience vote to come. Until last week, coverage of the issue has been strangely muted. Although constituents and campaigners are writing to MSPs, trying to influence their votes and ferret out their sympathies, this time, the media seemed less interested in the outcome of one of the least predictable votes in the recent history of the Scottish Parliament. READ MORE: Wildfire 'bigger than five football pitches' near Scottish town To understand what this bill will do if passed, it is helpful to start with the legal status quo. In England and Wales, the Suicide Act 1961 means it's a crime to assist another person to end their life. To knowingly provide someone else with the means to die is an offence. So too would be other forms of assistance – such as booking travel to a Swiss clinic and accompanying a loved one. Just last year, researcher Miranda Tuckett was arrested by Dyfed-Powys, having accompanied someone to the Dignitas clinic. In Scotland, the current situation is even messier. The Suicide Act doesn't apply here, but helping another person to die could expose you to the law of homicide, facing murder proceedings in the High Court and a potential life sentence or other common law charges for administering a noxious substance or even reckless endangerment. A vote for the status quo is to vote to maintain this legal uncertainty and to leave suffering people and their families to navigate their own way around it, on their own. The new bill proposes to end that uncertainty – giving ordinary Scots a clear, simple legal framework for end-of-life decisions. At its most basic, the bill proposes that a terminally ill adult may lawfully be provided with assistance by doctors to end their own life. The bill defines someone as terminally ill if 'they have an advanced and progressive disease, illness or condition from which they are unable to recover and that can reasonably be expected to cause their premature death'. Additional eligibility criteria apply. You will have to have been ordinarily resident in Scotland for the past 12 months to qualify, registered with a GP here and, critically, have capacity to request this assistance. Capacity is a well-established area of legal and clinical practice. It means you must not be 'suffering from any mental disorder which might affect the making of the request' and are capable of understanding what you are doing and asking others to do to lawfully receive assistance to end your life. In an echo of long-standing provisions in the Abortion Act, two doctors will need to be satisfied that the legal tests for assistance are met. By law, they will also need to be satisfied that the person in front of them has made their decision voluntarily 'and has not been coerced or pressured by any other person into making it'. Once this procedure is satisfied and the doctors are satisfied all the tests are met, they will prescribe a substance to the patient to end their own life, with the substance being self-administered. Reflecting ethical differences in our society, the bill incorporates a conscience clause, providing that 'an individual is not under any duty to participate in anything authorised by this act to which that individual has a conscientious objection'. It also creates a new criminal offence, punishable by a maximum of 14 years' imprisonment, for anyone who 'coerces or pressures a terminally ill adult' into assisted dying. This is a careful bill designed to allay anxieties. But will it succeed? In November, a majority of MPs voted in favour of a Westminster bill to legalise assisted dying in England and Wales by 330 votes to 275. But legal change in England isn't yet a done deal. Some MPs voted in favour of the proposal to allow its detail, definitions and safeguards to be tested while reserving their opinion on the final detail. Support has cooled from some other MPs, who've grown more lukewarm on the idea having dug into the detail or been dug into by opponents of reform. MSPs have been subject to similar pressure, and have been able to watch reactions to Kim Leadbeater's bill in real time as they gather their thoughts and their nerves to decide how to vote. READ MORE: Israel 'sending soldiers to commit war crimes in Gaza', says former army chief Visiting Holyrood to discuss legal aspects of the proposal last week, my perception is that supporters of assisted dying are clearly anxious that they may not make the numbers. Early optimism has given way to a sense of precariousness and doubt in advance of the first big vote, with opponents of the bill effectively focusing their arguments on issues of legal certainty, slippery slopes, safeguards against coercion and the social standing of disabled people. Previous heaves – trying to get some kind of assisted dying legislation on the statute book – have had to contend with similar points of resistance. The line 'I could support a bill, but not this bill' is one numerous politicians down the years have deployed to rationalise voting against assisted dying bills, pretending – perhaps even to themselves – that they are fundamentally more open-minded about the underlying issues than they truly are. For opponents of assisted dying, it has been an effective, if not always good-faith, strategy. There's also a broader sense that recent experience of legislation like the GRR may have imbued MSPs with a heightened sense of caution. And since we're talking about politicians, it would be naive not to factor political calculations into the decisions facing MSPs. While a conscience vote provides a measure of protection against your vote on assisted dying being politicised by your opponents – the next election is now well in sight. Incumbents and challengers will understandably be trying to discern where precisely their self-interest lies, and which parts of their constituencies are likely to react most adversely if they vote against their wishes on assisted dying. Even without the politics, the underlying issues are fraught. Medical law has often struck me as being full of philosophical contradictions and difficult distinctions. For example, it's unlawful for a doctor to charge a syringe with a fatal dose of morphine with the intention of ending a patient's life, but the doctrine of the 'double effect' says the administration of life-shortening pain relief is perfectly in order, so long as your collateral intention is the alleviation of pain. The law imposes sharp distinctions between acts and omissions. Administering a fatal dose of a drug to a patient is murder, but 'withdrawing treatment' in a way which makes their death inevitable is absolutely fine. You don't need to be a moral philosopher to find these distinctions between acts and omissions difficult to defend. It suggests 'first do no harm' is already a complex professional obligation. This is reflected in legal practice too. The courts routinely convict family members found guilty of 'mercy killings' of culpable homicide only, often reflecting the diminished responsibility of perpetrators in this context, given the tragic conflict of loyalties – to their family members and to the demands of the criminal law – which our legal system currently abandons them to unassisted. Recent high-profile examples have seen Scottish judges handing down admonitions by way of penalty – verbal discipline, a criminal record, but no jail time – without any signs of public or political outcry that the judiciary are standing over a culture of death or exposing the vulnerable to unacceptable risks. READ MORE: Scottish Labour 'blocking left-wing MSPs from standing' for election The final argument, for me, is about social equality and public candour. Despite the intense ethical debate at home, the truth is we currently outsource the ugly business of assisted dying to the Swiss, turning a blind eye to our citizens who are wealthy enough to make these choices for themselves, with few serious suggestions that people engaging with these services should be hounded down by criminal justice agencies. We deprive ordinary people in this country of the same autonomy, and deprive everyone of the chance to end their days in a familiar environment, at a time of their choosing, with legal security, safe in the knowledge that they aren't leaving behind a legacy of arrests and prosecutions of their loved ones. MSPs shouldn't console themselves with the idea that voting against this bill is a neutral act. It isn't. Doing nothing is to decide to leave in place an uncertain, unpredictable and inequitable legal framework on assisted dying. It is a vote for continued suffering for dying Scots who cannot lawfully access the choice that millions already have around the world.
Yahoo
17-04-2025
- Yahoo
I have ‘no regrets' over taking my husband to Dignitas, says widow
A wife who took her husband to Dignitas to die has 'no regrets', despite now being investigated by police. Louise Shackleton took her partner Anthony, who was 59 when he died, to Switzerland in December after he had suffered from motor neurone disease for six years. She said that the couple had decided together that the Swiss clinic was the only way he could 'die peacefully'. Mrs Shackleton is now being investigated by police after handing herself in after she returned to Britain. 'I have committed a crime, which I have admitted to, of assisting him by simply pushing him on to a plane and being with him, which I don't regret for one moment,' she told Sky News. 'He was my husband and I loved him. We talked at length over two years about this. 'What he said to me on many occasions is 'look at my options, look at what my options are. I can either go there and I can die peacefully, with grace, without pain, without suffering or I could be laid in a bed not being able to move, not even being able to look at anything unless you move my head'. 'He didn't have options. What he wanted was nothing more than a good death.' The couple spent four days together in Switzerland before Mr Shackleton, a furniture restorer, died. Mrs Shackleton said her husband was 'at total piece' with his decision. The couple had been together for 25 years before his death. Assisting or encouraging the suicide or attempted suicide of another person is an offence under the Suicide Act 1961. But prosecutions are rare and just four cases were successfully prosecuted between 2009 and 2024. A spokesman for North Yorkshire Police said: 'The investigation is ongoing. There is nothing further to add at this stage.' Mrs Shackleton said she supported the law being changed in Britain to legalise assisted dying. 'If the law had changed in this country, I would have been with family, family would have been with us, family would've been with him,' she said. 'But as it was, that couldn't happen.' Earlier this month, the next stage of Kim Leadbeater's assisted dying Bill was pushed back to after the local elections amid concerns it has been watered down. The Terminally Ill Adults (End of Life) Bill was scheduled to return to the Commons on April 25 but it has now been delayed until May 16. Sarah Wootton, chief executive of Dignity in Dying, said the Shackletons showed why assisted dying should be legalised. She said: 'Louise and Anthony's experience is proof that the blanket ban on assisted dying is failing dying people and their loved ones. 'That British membership of Dignitas has risen more than 50 per cent in the last five years shows there is a demand for choice that is only increasing. 'For those who cannot afford the £15,000 this costs, some are left to suffer as they die, despite good care, or to take matters into their own hands.' Dr Gordon Macdonald, chief executive of Care Not Killing, said the focus should be on improving palliative care. 'No one who hears this tragic case, his fear of dying and being a burden could fail to be moved – but stories like this also highlight how dangerous it would be to rip up long held universal protections that protect lives.' The Isle of Man is set to become the first place in the British Isles to legalise assisted dying after its parliament's upper chamber approved a final reading of an Assisted Dying Bill. The Bill will now be put forward for royal assent, at which point it will become law. Broaden your horizons with award-winning British journalism. Try The Telegraph free for 1 month with unlimited access to our award-winning website, exclusive app, money-saving offers and more.
Yahoo
11-03-2025
- Politics
- Yahoo
Government to tighten law on online suicide drugs
The government has said it will tighten up laws which allow people to buy drugs online that can be used to take their own lives. Justice minister Sarah Sackman told the House of Commons there would also be a focus on ensuring that existing laws were enforced. MPs heard about a 21-year-old from Southampton who was able to buy substances online to end her life. It also follows the death of 17-year-old Vlad Nikolin-Caisley, from the same city, in similar circumstances in May last year. MP Darren Paffey said: "A constituent of mine in Southampton Itchen, aged just 21, tragically died after accessing pro-suicide online forums that not only encouraged self-harm but advertised how to get lethal drugs and how to exploit loopholes that allowed this. "The substance used in her death can still be bought on Amazon today. "What steps will the minister take to close these loopholes on those who enable criminality, and ensure that the law is actively keeping our young people safe?" Replying to the Labour MP, Ms Sackman said: "I'm sorry to hear about that tragic case in his constituency. "Encouraging or assisting suicide is an offence under the Suicide Act 1961 and sending communications that encourage or assist serious self harm is an offence in the Online Safety Act 2023. "But we are going to be tightening up the law to ensure that the situation that he's described is addressed. "And of course it's not just about the law, it's the enforcement of the law as well." Anna Nikolin-Caisley said her youngest child, Vlad, had been "encouraged" to swallow poison by users of an online "pro-suicide" group which is still active in the UK, despite numerous calls to ban it. Vlad's family revealed the harrowing details of his death as a warning to others. Detectives found a "suicide kit" in the family's Southampton home, containing various poisons and pills that Vlad had bought after joining the chat group. It comes as Canadian chef Kenneth Law is facing a trial for murder in his home country for supplying a poisonous chemical to people around the world who have ended their lives. He is linked to dozens of suicides in the UK, according to the National Crime Agency. You can follow BBC Hampshire & Isle of Wight on Facebook, X (Twitter), or Instagram. 'Suicide website users encouraged our teen son to drink poison' The Online Safety Act is one year old. Has it made children any safer? Suicide website linked to 50 UK deaths still active despite warnings Hundreds of Britons advertise for suicide partner How we tracked down the Ukrainian poison seller Ministry of Justice
BBC News
11-03-2025
- Politics
- BBC News
Southampton: Government to tighten law on online suicide drugs
The government has said it will tighten up laws that allow people to buy drugs online that can be used to take their own minister Sarah Sackman told the House of Commons there would also be a focus on ensuring that existing laws were heard about a 21-year-old from Southampton who was able to buy substances online to end her also follows the death of 17-year-old Vlad Nikolin-Caisley, from the same city, in similar circumstances in May last year. MP Darren Paffey said: "A constituent of mine in Southampton Itchen, aged just 21, tragically died after accessing pro-suicide online forums that not only encouraged self-harm but advertised how to get lethal drugs and how to exploit loopholes that allowed this."The substance used in her death can still be bought on Amazon today. "What steps will the minister take to close these loopholes on those who enable criminality, and ensure that the law is actively keeping our young people safe?" Replying to the Labour MP, Ms Sackman said: "I'm sorry to hear about that tragic case in his constituency."Encouraging or assisting suicide is an offence under the Suicide Act 1961 and sending communications that encourage or assist serious self harm is an offence in the Online Safety Act 2023."But we are going to be tightening up the law to ensure that the situation that he's described is addressed. "And of course it's not just about the law, it's the enforcement of the law as well." Anna Nikolin-Caisley said her youngest child, Vlad, was "encouraged" to swallow poison by users of an online "pro-suicide" group which is still active in the UK, despite numerous calls to ban family revealed the harrowing details of his death as a warning to found a "suicide kit" in the family's Southampton home, containing various poisons and pills that Vlad had bought after joining the chat group. It comes as Canadian chef Kenneth Law is facing a trial for murder in his home country for supplying a poisonous chemical to people around the world who have ended their lives. He is linked to dozens of suicides in the UK, according to the National Crime Agency. You can follow BBC Hampshire & Isle of Wight on Facebook, X (Twitter), or Instagram.
The Independent
11-03-2025
- Politics
- The Independent
Government to toughen laws that allow people to buy suicide drugs online
The Government has said it will tighten up laws which allow people to buy drugs online that can be used to take their own life. Justice minister Sarah Sackman said the Government will also focus on ensuring that existing laws are enforced, as MPs heard about a 21-year-old from Southampton who was able to buy substances online to end their life. Labour MP Darren Paffey said: 'A constituent of mine in Southampton Itchen, aged just 21, tragically died after accessing pro-suicide online forums that not only encouraged self-harm but advertised how to get lethal drugs and how to exploit loopholes that allowed this. 'The substance used in her death can still be bought on Amazon today. What steps will the minister take to close these loopholes on those who enable criminality, and ensure that the law is actively keeping our young people safe?' Ms Sackman said: 'I'm sorry to hear about that tragic case in his constituency. Encouraging or assisting suicide is an offence under the Suicide Act 1961 and sending communications that encourage or assist serious self harm is an offence in the Online Safety Act 2023. 'But we are going to be tightening up the law to ensure that the situation that he's described is addressed. And of course it's just about the law, it's the enforcement of the law as well.' In 2023 the then-Conservative government set up a suicide warning system in an attempt to stop people selling or accessing lethal substances. It meant ministers and the National Police Chiefs' Council could get data in real-time on deaths, to help see if trends emerged. It comes as Canadian chef Kenneth Law is facing a trial for murder in his home country for supplying a poisonous chemical to people around the world who have ended their lives. He is linked to dozens of suicides in the UK, according to the National Crime Agency.
