Today's discussion about the news

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Comments

  • Interesting one. My gut instinct is that it's a bad idea - too much scope for relatives to coerce Great Aunt Gladys into signing on the dotted line, so relatives rather than care homes etc. benefit from G.A.G's wealth.

    But then I see the groups publicly opposed to assisted dying - with a significant presence of nutty-sounding religious types - and I start thinking that I've potentially missed something significant.

  • pangolin
    pangolin Posts: 6,660

    There's something a little ironic about complaining that they're putting words in peoples mouths then also explaining to them what they really mean.

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  • briantrumpet
    briantrumpet Posts: 20,711

    FWIW, a significant majority of those kept here have had their refugee status confirmed. It was always about performative cruelty, never about pragmatism. Why not just process them more quickly in the first place?


  • First.Aspect
    First.Aspect Posts: 17,379

    The slippery slope and coersion arguments are fairly weak, and at worst require our law makers to balance relative harms.

    The slippery slope already exists, and isn't particularly slippery. People can already decline treatment, or select treatment based on comfort Vs longevity. Machines can already be switched off.

    As far as I am aware there is no concern about widespread pressure on Auntie Betty to decline another round of horrid chemo, because we want to sell her house.

  • Your "forthright" (could use less complimentary terms) tone suggests you are some sort of expert on this subject, or at least perceive yourself to be an expert on the subject, so can you share your understanding of the proposed safeguards to ensure that elderly folk can't be coerced into signing up for an assisted death? Thanks.

  • First.Aspect
    First.Aspect Posts: 17,379

    • They must have a "clear, settled and informed wish to end their own life" and have reached this decision voluntarily, without coercion or pressure;

    • They must have lived in England or Wales for 12 months and be registered with a GP;

    • Two independent doctors must be satisfied the person meets the criteria and there must be at least seven days between the doctors making the assessments;

    • If both doctors state the person is eligible, then they must apply to the High Court for approval of their request;

    • If the High Court decides that the applicant meets the bill's requirements, then there is a 14-day reflection period (or 48 hours if death is imminent);

    • After this, the person must make a second declaration, which would have to be signed and witnessed by one doctor and another person

  • First.Aspect
    First.Aspect Posts: 17,379

    Caselaw would in due course set the bars. In particular in relation to "clear, settled and informed wish to end their own life".

    I see that as the main lever for the "coersion" risk to be mitigated. It should not be in principle any different from the way law applies to the assessment of issues such as capacity already.

    Indeed parliament will be able to set the ball rolling however it wishes, via Explanatory Notes that accompany any new piece of primary legislation.

    It would not be perfect, but then neither is the current situation.

  • Pross
    Pross Posts: 43,593
    edited November 27

    It feels like with all the checks proposed there's a high probability that nature will take its course before anyone actually gets to use the proposed law. I've always been naturally cautious with the idea of euthensia but with these proposals there are so many checks and conditions that it is hard to see much benefit in coercion. I suppose that the main risk is that once the principle is in place the checks and balances will get eroded by subsequent amendments. I'm not convinced that the restrictions on abortion (whatever you think of the rights or wrongs) fully reflect what was intended when they were put in place (e.g. do the two medical practitioners really check what is best for the pregnant person or is it just a tick box based on them asking for one?).

  • pblakeney
    pblakeney Posts: 27,486

    Simple short answer, cost cutting.

    Let's see if Labour can speed the process up back to where it was last time they were in charge.

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  • briantrumpet
    briantrumpet Posts: 20,711

    Except it's cost more not to process them promptly. So standard cost-cutting that's more expensive than not trying to cost-cut. Standard, I guess.

  • pblakeney
    pblakeney Posts: 27,486

    Standard. Different departments, different budgets. Tories seemed to be particularly bad at long term big plan thinking.

    The above may be fact, or fiction, I may be serious, I may be jesting.
    I am not sure. You have no chance.
    Veronese68 wrote:
    PB is the most sensible person on here.
  • veronese68
    veronese68 Posts: 27,866

    I think 'long term, big plan' was superfluous, unfortunately this lot don't seem to be overly gifted in that respect

  • First.Aspect
    First.Aspect Posts: 17,379

    We are all able to have opinions.

    It's an emotive subject that would benefit from objective assessment of the relative risks and harms.

    The UK would not be at the vanguard with this, so anyone with concerns could look abroad to assess them.

    Are your concerns reflected in the experiences of other countries with analogous laws?

    I believe the proposals for the UK legislation are based on the state of Victoria's, only a bit stricter.

    Seems from this that the safeguards against voersion there are seen as being a bit too strict. Ours would be stricter.

    https://www.theguardian.com/australia-news/2024/feb/04/ban-on-doctors-raising-voluntary-assisted-dying-with-ill-patients-to-remain-as-victoria-reviews-law

  • bm5
    bm5 Posts: 599

    How are the high court going to have the capacity for this?

  • rjsterry
    rjsterry Posts: 29,811

    Parliament is not good on relative risks and benefits. The doctrine of something must be done trumps it every time.

    The campaign for Martin's Law is a classic of the genre.

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  • First.Aspect
    First.Aspect Posts: 17,379

    I get the point. The commons, particularly recently, has been prone to passing new laws as a way to improve polling. The proposed new law against the already perfectly illegal act of spiking someone's drink is a prime example of a pointless waste of everyone's time.

    But assisted dying is more akin to legalizing homosexuality or legalising abortion. It is a big shift that would reflect a change of societal attitudes that has taken place over a long period and is now quite clear.

  • My concern was / is a generic one really. History tells us that old folk can be coerced into changing wills, and being otherwise vulnerable to being parted from their cash when it wasn't actually their preference. So the exploitation of assisted dying for financial gain is an obvious risk.

    Further to that, history tells us that whatever safeguards are in place to prevent something "bad" happening, the safeguards are unlikely to be infallible.

    I think the trickiest element of the consideration of risks vs benefits is that the risks would be borne by an entirely separate section of society (i.e. those at risk of coercion) from the section that would benefit (i.e. those genuinely wanting to end their suffering.)

  • rjsterry
    rjsterry Posts: 29,811

    The current safeguards against hastening someone's demise aren't 100% infallible either or even close. If that's the test then no contact should be allowed with anyone over 60. As you say, history tells us, etc.

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  • First.Aspect
    First.Aspect Posts: 17,379

    It is not a completely different cross section. And a major difference between the situations you outline and the assisted dying proposals is the list of safeguards. It goes a long way beyond, for example, what is required in practice to act under a PoA.

    Your concerns aren't without foundation. But how do you feel about horrible lingering deaths? My mum repeatedly expresses her fears of experiencing what my grandmother did, and I know I'd like the chance to decide for myself. Thought?

  • I think you're "playing games" here. Your posting history suggests that you are more than sharp enough to know that the issue is the extent of risks taken on via new rights (in this case, the right to choose the time of your demise in certain circumstances) not to say that any level of risk is unacceptable.

    Though on a lighter note, I think a law banning contact with elder relatives at Christmas could be a vote winner!

  • Maybe not a completely different cross section, but the vast majority of people put at risk from the new legislation won't be potential beneficiaries. (This is slightly circular, as to be a beneficiary of assisted dying, you'd genuinely want it to happen to you, and so can't really be coerced, as coercion results in an outcome you don't actually want.)

    I'm actually pro helping folk on their way at a time of their own choosing, subject to the risk of folk being coerced into an early departure by those with ill-intent being acceptably low. I genuinely don't think I'm qualified to make that judgement. Not sure MPs are tbh, but that's a different issue.

    A reasonably analogous situation for me is the death penalty. I'm in favour of it, so long as the risk of innocent folk being sent on their way is acceptably low. In practice, I'm against, simply because the rozzers have a long and inglorious history of fitting people up for crimes they didn't commit, so the risk assessment here is easy for me: far too high. There is scope for the victims of such actions to be compensated to some extent if they are only imprisoned, but obviously not if they've been subject to the death penalty.

  • rjsterry
    rjsterry Posts: 29,811

    Yes I'm being a bit hyperbolic but I do think the arguments that hinge on protection being 100% are ridiculous. Given how common dementia is and how long it takes to get a diagnosis, the opportunities for abuse of or encouraging the demise of an elderly relative are already pretty broad.

    1985 Mercian King of Mercia - work in progress (Hah! Who am I kidding?)
    Pinnacle Monzonite

    Part of the anti-growth coalition
  • First.Aspect
    First.Aspect Posts: 17,379

    Dementia, with a 6 month prognosis (which would be vascular dementia) would be excluded as far as I can see.

    The requirement would be for an existing and settled wish. Someone without capacity cannot meet this criteria, and I may be wrong but it seems unlikely that a PoA could express that wish by proxy.

  • rjsterry
    rjsterry Posts: 29,811

    Yes I agree it's never likely to fit the criteria in a case of dementia. My point was that for the sort of person looking to profit from an elderly person's demise, there are already plenty of easier opportunities. The risk is there already and I'm not convinced this proposal increases it.

    1985 Mercian King of Mercia - work in progress (Hah! Who am I kidding?)
    Pinnacle Monzonite

    Part of the anti-growth coalition
  • rjsterry
    rjsterry Posts: 29,811

    No worries. As you say, if there is a six month expiry on any AD statement (or whatever word we are using for an expressed and authorised intent) it's going to have expired after the point that someone suffering from dementia is able to still make informed decisions. And then you still might have two or three years.

    That said, one is asked about DNR instructions as a PoA and those will probably have been made years before.

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    Pinnacle Monzonite

    Part of the anti-growth coalition
  • It's another means by which those with nefarious intent could achieve their goals, so it surely has to increase the overall risk to vulnerable people. The questions are then surely i) the extent of the increase in risk; and ii) the relative pros and cons of this increase against the benefits.

  • First.Aspect
    First.Aspect Posts: 17,379

    Someone's will and intent can operate another way. You are completely ignoring the "risk" of a painful and lingering death against one's will.

  • Sorry but my question (ii) explicitly covers this point: "...the relative pros and cons of this increase [in risk from allowing assisted deaths] against the benefits."

    But as I posted yesterday, the risks and benefits will likely be born and experienced respectively by different people. On a case-by-case level, the assessment is pretty clear cut. For a vulnerable person in good health, there is only risk. For someone terminally ill and in severe pain, there are only benefits.