Sir Nicholas Mostyn advocating for assisted dying

Former High Court Judge Calls for Expansion of Assisted Dying Law to Include Those with Parkinson’s and Dementia

As the current legislation only permits terminally ill patients with cancer to be eligible for assistance in dying, a former high court judge will argue this week that assisted dying laws in England and Wales should be expanded to include patients suffering from neurodegenerative diseases like Parkinson’s and dementia.

MPs will hear from Sir Nicholas Mostyn, who has Parkinson’s disease himself, who will argue that those who are experiencing “intolerable” end-of-life agony should not be denied the opportunity to receive assisted dying. “This is what I’m facing,” Mostyn stated, referring to his experience. And I want to understand why my opponents are so intent on condemning me to it.

Why Are Parkinson's Patients Facing Intolerable Suffering?

The existing law, which permits assisted death exclusively for those with terminal cancer, has long been criticized by Mostyn, a former senior family court. He stresses that people who have diseases like Parkinson’s frequently go through excruciating pain. As the illness worsens, some people lose their ability to breathe, swallow, and carry out other essential tasks.

Mostyn noted in his testimony the sharp difference between people with Parkinson’s disease or other similar diseases and those who can lawfully seek assisted dying because they have terminal cancer. He said, “End-of-life suffering for Parkinson’s patients is intolerable,” highlighting the legal inequity. He said, “I want to know why people like me aren’t granted this right.”

Can Legal Hurdles Prevent Expanding the Law?

Mostyn further contended that since the European Court of Human Rights has already determined that there is no particular right to die, there is no legal way to contest the assisted dying measure once it is enacted. Many sufferers like him might not have any legal options as a result of this position.

The former judge also worries about the bill’s existing structure’s practicality. The proposed law would need a high court judge to approve assisted deaths, which Mostyn feels would put an excessive amount of work on family courts. He pointed out that authorizing such aided deaths would need the attention of two full-time judges.

What Amendments Are Being Proposed to Strengthen the Bill?

The measure is scheduled to be discussed in Parliament, and several MPs intend to suggest changes. They include psychiatrist Ben Spencer, a Conservative MP, and former home secretary James Cleverly.

More than 50 witnesses, including Chief Medical Officer Sir Chris Whitty, British Medical Association officials, disability advocates, judges, and prominent figures worldwide, will publicly testify during the debate. Alex Greenwich, an MP from New South Wales, Australia, where assisted suicide became legal a year ago, will be one prominent speaker on the committee.

Greenwich will inform Members of Parliament that the Australian model, comparable to the UK model, has proven effective. He pointed out that the system was intended to control a long-standing, private practice. “There are stories, particularly from paramedics and police, of people with terminal illnesses who [kill themselves] because they feel they have no other option or no choice, in horrifying ways,” Greenwich said. “We felt we needed to put regulation in that space.”

How Is Kim Leadbeater Addressing Concerns About Safeguards?

The Labour MP who is supporting the private members’ bill to legalize assisted suicide for those with terminal illnesses, Kim Leadbeater, has stated that she is amenable to bolstering the protections in the law. In a letter to fellow lawmakers, Leadbeater wrote, “I am open to any and all suggestions for how those safeguards can be made even stronger, while never forgetting the lack of clarity, pain, and injustice that the law as it currently stands imposes on too many terminally ill people as they approach the end of their life.”

Why Are Opponents Concerned About the Evidence Presented?

The balance of evidence submitted to the committee has drawn criticism from the bill’s opponents. The committee’s Labour MP, Naz Shah, voted against the proposed law and expressed concern about the tremendous weight of data supporting legalizing assisted suicide being presented this week. “What are the mistakes that other nations have made? It’s not a fair balance if we can’t hear those,” Shah stated.

Shah also voiced her worries that the committee has not yet received enough testimony from experts in mental health or domestic abuse, which could lead to undue pressure or coercion on those who are seeking assisted suicide.

How Can Stronger Safeguards and Mental Health Assessments Be Incorporated?

One of the MPs attempting to change the bill is former Foreign Secretary James Cleverly. This would allow those who want to end their lives to prove that it is their want and not a choice taken for the benefit of others. According to him, “the right to die must not become the duty to die.”

Psychiatrist Ben Spencer wants to change the bill to require that people who want assisted suicide be evaluated by a palliative care expert as well as a psychiatrist. Spencer also supports having a tribunal analyze instances to determine whether the patient can make such a big decision.

What's Next for the Debate on Assisted Dying?

As MPs assess the moral, legal, and practical implications of extending assisted dying laws, the proposed measure is anticipated to continue generating heated debate. The debate will undoubtedly influence the future of assisted dying laws in the UK as the committee hears testimony from various witnesses.

MPs will review evidence and amendments in the upcoming weeks, with some lawmakers calling for more inclusive treatment for those with neurological disorders, including dementia and Parkinson’s, while others are calling for stricter safeguards against compulsion. Who will be eligible to choose to end their life with aid and how assisted dying is controlled will be significantly impacted by the final decision.

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