Eamonn Mccann: Why we will still have legal battles over the right to die

Thursday, 24 September 2009

Whose Life Is It Anyway? asked Brian Clark 30 years ago. Yesterday came a tentative answer. Clark's play told of a sculptor paralysed from the neck down in a car accident who wanted to be allowed to die. But the hospital he was confined in held it a duty - not to mention a legal imperative - to preserve his life at all costs.

The guidelines on assisted suicide just published - in London by the Director of Public Prosecutions, separately here by the Public Prosecution Service - don't deal directly with the circumstances set out in Whose Life..?. But they move the debate significantly closer to the core issue which Clark dramatised.

I saw the play in London's Mermaid Theatre on its initial run, Tom Conti in the lead. The production deservedly won the 1978 Olivier Award, then a Tony on Broadway the following year. What made it palpitate in the emotional mind long afterwards was that Clark presented the man who wished for death not as a demented wretch wracked by intolerable pain, but as a witty, bright, vibrant person trapped in a bone-house prison, who just wanted release.

The deaths of Sir Edward (85) and Joan Downes (74) in July brought the play back to mind. The couple had been devoted to one another through 54 years of marriage. He was widely regarded as one of the 20th century's finest interpreters of Verdi and Wagner, had conducted every year at the Royal Opera from 1952 to his last Rigoletto in 2005. Joan was a dancer, a choreographer and latterly her husband's assistant and then carer.

Just a few years ago, Sir Edward's sight began to fade. Eventually, unable to read the score, he had to abandon new music and conduct from memory. Then his hearing went. For a time, Joan guided his stumbles in the unseen silent world which he had filled with sound and light for half a century. Last year she was diagnosed with terminal cancer. In July, the pair travelled to the Dignatas clinic in Zurich which they entered hand in hand to die in peace together.

The Metropolitan Police, as was required, launched an investigation into whether they had had help to travel abroad.

Jo Cartwright of the campaign group Dignity in Dying commented: "The case illustrates the need for a change in the law. We need to regulate and safeguard (assisted suicide) in this country, to make it available only to those who are terminally ill and mentally competent. Going abroad is a terrible strain - and not cheap." (Costs at Dignitas average £3,500).

A fortnight earlier, the House of Lords had voted down a measure introduced by former Lord Chancellor Lord Falconer which would have obviated the need to travel abroad by making it lawful to help a terminally ill person die in the UK. A letter appealing to peers to reject the move was signed by Dr Vincent Nichols, Catholic Archbishop of Westminster, Dr Rowan Williams, Anglican Archbishop of Canterbury, and the Chief Rabbi, Sir Jonathan Sacks. Islam takes a similar view.

The rejection of Falconer's amendment gives sharper significance to the guidelines announced yesterday. The new initiative was prompted by the decision of the law lords, also in July, that Bradford woman, Debbie Purdy, had a right to know whether her husband would be prosecuted if he helped her travel abroad to die. Ms Purdy, 46, has multiple sclerosis. The law lords, in effect, ordered the prosecution authorities to spell out the legal position so she could make an informed choice.

Here and across the water, the guidelines are to be put out to consultation. One focus of debate will concern whether the rules on travelling abroad should also provide a framework for the operation of law at home - the system which Falconer had tried to put into law. In effect, will the act of assisting in the suicide of a terminally- ill person be decriminalised?

We can expect determined efforts to ensure that, irrespective of what happens in England and Wales, no such interpretation is allowed in the North.

Opportunities will arise for a re-run of the wrangle over the extension of the Abortion Act - involving opportunities for local MPs to explain to admiring pro-lifers in London that life is held more precious here than in less godly regions.

What's still in dispute, even after all these years, is Whose Life is it Anyway?

God's? And therefore God's alone to take away? Always assuming, as assumption is all it can be, that there's such a thing as God.

Or do we have a right to call on those we love and who love us in return to give us ease and assist at its ebbing away?

Will we see again our four main parties lined up with their allies from the last set-to, the orange and green warriors from the stained battlefields of Ireland, shoulder-to-shoulder with the Archdruids of the Abrahamic religions in their learned beards and come-dancing gowns?

This time, surely, the sensible majority will make itself heard.

Here the sanctity of life is considered pragmatically from a mere humanistic perspective. I feel that this is dangerous, because human intellect and judgement are imperfect due to sin.
What's the point of casting aside God's Word, denying His existence, and then making a wrong judgement. According to God's Word assisting suicide is tantamount to being involved in murder.
How much easier it would be to consider God's Word prior to decision making.
'Trust in the LORD with all thine heart; and lean not unto thine own understanding.In all thy ways acknowledge him, and he shall direct thy paths'

Posted by Mervyn Cotton | 27.09.09, 19:18 GMT

Post a complaint

Please note Name and E-mail are required.

Contact details

In Western Australia recently, a 40-something quadraplegic won a victory in the courts in which he was permitted to starve himself to death without the carers in his nursing home facing prosecution for failing to take proper care. It was a victory, but how much more of a victory would it have been if he had been able to die quickly and painlessly surrounded by his loved ones.

Posted by Aine | 25.09.09, 01:17 GMT

Post a complaint

Please note Name and E-mail are required.

Contact details

My obligation as a Catholic is "to take reasonable care to preserve my life and health". So said the Catechism. I am not expected to submit, therefore, to interminable years of illness surrounded by a forest of high-tech stainless steel equipment. Or, to put it another way, remaining alive "at any cost" is not what the Church asks of me. Such a scenario would not, as I understand it, constitute "reasonable care". It also sets its face against death for convenience sake.

What appals me is that the Catholic church (and the other denominations) seems content to let its adherents swim in a sea of uncertainty as to what is expected of them as Christians. What I have written above is what I surmise from the teaching I received at school. Could the Telegraph do a major article, perhaps, asking the churches the central question: what precisely is expected of the Christian in this crucial matter of last things?

Posted by BoonTown | 24.09.09, 15:58 GMT

Post a complaint

Please note Name and E-mail are required.

Contact details

God gave us Free Will.

As such, we have/should have the free will to decide if, when and how to end our own lives, without interference from church, state, or society.

Posted by Dave | 24.09.09, 13:42 GMT

Post a complaint

Please note Name and E-mail are required.

Contact details

NiteLife: White's Tavern

Had a big night out? Click here to send your pics

In Pictures: Lingerie Super Bowl 2012

In Pictures: Lingerie Super Bowl 2012

Women: Can you flaunt too much?

Women: Can you flaunt too much?

Old School Pictures: Ian Paisley

Old School Pics: Girls Aloud Nadine Coyle

To launch gallery click image or select school below

Methodist College, Campbell College, Grosvenor,
Bangor Grammar, Dunlambert, St Augustine's,
St Dominic's, Royal Academy, Ballymena Academy

Teletoons by Stevie Lee

Teletoons by Stevie Lee

Follow us on Twitter

In Pictures: The Troubles

Titanic Gallery: First class bedroom

Titanic Gallery: exclusive collection

Out & About: Carrickfergus

Out & About: Carrickfergus

Columnist Comments

gail_walker

Gritty, moving and heroic...Billy plays captured life here

It was the best of times, it was the worst of times ... Sunday's 30th anniversary screening of the seminal Too Late to Talk to Billy was riveting viewing. But it wasn't nostalgic viewing.
ed_curran

Parties need better defence in Stormont's game of two halves

Surprise, surprise. Peter Robinson has been to his first gaelic match, Martin McGuinness is heading for Windsor Park and the Ulster Unionists have scored another own goal.
nuala_mckeever

Why trying to go on a diet is never really a piece of cake

Some people make New Year’s resolutions, I make lists. Every new year I determine to keep track of everything I spend and everything I eat and drink.

frances_burscough

Scary movie? Their jaws were sore from laughing

Teenage boys love horror films and I have two who are in charge of the remote control in our house, so naturally there’s gore-a-plenty on the box most weekends. However, until recently one film was banned.

TeleToons

Teletoons gallery by Stevie Lee

Latest Comments