Church of England seeks inquiry over bill to legalise assisted dying

http://www.theguardian.com/society/2014/jul/12/church-of-england-assisted-dying-bill-inquiry-legalise

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The Church of England has said a bill to legalise assisted dying should be withdrawn and a royal commission set up to investigate the matter following an intervention by the former Archbishop of Canterbury, Dr George Carey, in which he said he has dropped his longstanding opposition as a way to prevent "needless suffering".

The Bishop of Carlisle, the Rt Rev James Newcome, who speaks for the Church of England on health, said the church had been "surprised" by the content and timing of an article written by Lord Carey in which he said he had dropped his long-standing opposition to legalising assisted dying.

As peers prepare to debate a bill next Friday to legalise assisted dying, the former head of the worldwide Anglican church said it would not be "anti-Christian" to ensure that terminally ill patients avoid "unbearable" pain.

"I think we were surprised by both the content and the timing of the article, but recognise that actually, quite a lot of good things have come out of it, including that it has brought some of the issues to the forefront of public discussion and highlighted just what an important issue this is," said Newcome.

"Certainly our hope as the Church of England is that the Falconer bill will be withdrawn and that because this is such an important issue it could be discussed at length by a Royal Commission."

The government can set up a royal commission, an advisory committee, to look into a matter of public concern but is not bound to accept the advice.

Carey said he had changed his mind after witnessing the pain of Tony Nicklinson who suffered from locked-in syndrome. He died two years ago just weeks after losing his high court battle.

Carey wrote: "The fact is that I have changed my mind. The old philosophical certainties have collapsed in the face of the reality of needless suffering.

"It was the case of Tony Nicklinson that exerted the deepest influence on me. Here was a dignified man making a simple appeal for mercy, begging that the law allow him to die in peace, supported by his family. His distress made me question my motives in previous debates. Had I been putting doctrine before compassion, dogma before human dignity?

"I began to reconsider how to interpret Christian theology on the subject. As I did so, I grew less and less certain of my opposition to the right to die."

Newcome said a Royal Commision would allow the arguments to be "carefully assessed" and for expert opinion to be taken.

He added that the Church of England is in favour of the law on assisted suicide to remain unaltered as it provides a "good balance" between compassion and protection of the vulnerable.

His call for a royal commission was immediately rejected by Lord Falconer, a former Labour Lord Chancellor. The bill proposes allowing doctors to prescribe a lethal dose to terminally ill patients judged to have less than six months to live. Lord Falconer said he did not believe a royal commission would be "sensible or appropriate".

"It is an unwise suggestion because it will take a very long time," he said.

"This matter has been debated now in the House of Lords twice and the third time coming up on Friday.

"The supreme court ruling said that it is urgent for parliament to discuss the issue."

He added: "I am very surprised that the Bishop of Carlisle, who is a marvellous man, would come up with a suggestion like this at the last minute."

Lord Carey wrote in the Daily Mail that it would not be "anti-Christian" to change the law.

He said he would be backing Lord Falconer's bill and warned that by opposing reform the church risked "promoting anguish and pain".

But the current head of the Church of England the Most Rev Justin Welby, who was installed as Archbishop of Canterbury last year, described the Falconer bill as "mistaken and dangerous".

"It would be very naive to think that many of the elderly people who are abused and neglected each year, as well as many severely disabled individuals, would not be put under pressure to end their lives if assisted suicide were permitted by law," he wrote in The Times.

"It would be equally naive to believe, as the assisted dying bill suggests, that such pressure could be recognised in every instance by doctors given the task of assessing requests for assisted suicide.

"Abuse, coercion and intimidation can be slow instruments in the hands of the unscrupulous, creating pressure on vulnerable people who are encouraged to 'do the decent thing'."

Lord Carey's remarks drew support from Church of England General Synod member the Rev Canon Rosie Harper, vicar of Great Missenden, Bucks, who backs the Falconer bill.

"Lord Carey's intervention is huge," she said.

"It means in effect that it is legitimate to be both Christian and hold these views … I think it is a game changer."

Under the 1961 Suicide Act, it remains a criminal offence carrying up to 14 years in jail to help take someone's life.

The director of public prosecutions issued guidelines four years ago that made clear that anyone who assisted a loved one to die while "acting out of compassion" would be unlikely to be charged.

The bill drawn up by Lord Falconer is modelled on the system in the US state of Oregon and would mean patients would be able to administer a fatal dose of drugs to themselves, but would not be able to receive help if they could not lift or swallow it.

The process would have to be signed off by two doctors.