Double Jeopardy podcast — Episode 30

“Sarah Wootton - Dying for the Law”

Double Jeopardy is a podcast dealing with topical legal and political issues.

The series is hosted by two barristers, Lord Ken Macdonald KC and Tim Owen KC. Episode 30 is a softball interview of Sarah Wootton, CEO Dignity in Dying about their Assisted Suicide campaign in the UK. (Title photo is Sarah Wootton.)

Both interviewers support the introduction of Assisted Suicide — no surprise when both Ken and Tim are in the largest demographic group supporting AS!

During the podcast we hear many of the usual part-truths and misrepresentations taken directly from Dignity in Dying’s play-book — click the image below to listen to the podcast.

This article focuses on main 3 points:

“A British Law.”

Wootton suggests that the proposed UK bill will have a stringent new safeguard “unlike any other country.” Specifically, a High Court (Family Court) Judge will approve “that those conditions are in place.”

Wootton noted all the usual conditions as being:

— Two independent doctors assessing the patient as being terminally ill;

— A prognosis that the person has less than 6 months to live;

— The competent applicant has a “settled intention” to kill themselves;

— The applicant is not being coerced.

These are similar to most jurisdictions with Assisted Suicide — the significant change is the Court review. Wootton did not mention two conditions: the first is the common clause indicating the person has at least reached the age of maturity — applicants must be 18 years old. An unusual additional condition is the inclusion of 1-year residents of England and Wales. Bill-13HL would allow for the assisted suicide of people who are not even UK citizens!

Most people will believe the High Court “safeguard” — this “British Law” — will mean there is a hearing where evidence is presented and dissenting opinion voiced. It is clear from Bill-13HL that the High Court involvement is to be a paperwork review only. (See below.) The Court will sign off on the application once each requirement is documented as being fulfilled. Ensuring that the paperwork is completed is a very, very, basic requirement.

It is curious that neither of the Kings Counsel clarified that there is no provision for a dissenting appeal to the court, nor for a family member to be heard — an example of great British fair play from Ken and Tim?

The relevant section from Bill-13HL:

1 Assisted dying

(1) Subject to the consent of the High Court (Family Division) pursuant to

subsection (2), a person who is terminally ill may request and lawfully be

provided with assistance to end his or her own life.

(2) Subsection (1) applies only if the High Court (Family Division), by order,

confirms that it is satisfied that the person—

(a) has a voluntary, clear, settled and informed wish to end his or her

own life;

(b) has made a declaration to that effect in accordance with section 3; and

(c) on the day the declaration is made—

(i) is aged 18 or over;

(ii) has capacity to make the decision to end his or her own life;

and

(iii) has been ordinarily resident in England and Wales for not less

than one year.

Bill-13HL died when: “The 2021-2022 session of Parliament has prorogued and this Bill will make no further progress.”

NB: There is no guarantee that the High Court review would make it into any final legislation. (For my review of Bill-13HL please click on the image below.)

“There is no doubt at all that PC in Oregon…is now better…”

I think it was Tim Owen who made the statement that Palliative Care [PC] in Oregon — and other jurisdictions with the “Oregon Model” — is stronger because of having AS!

An older study (2004) found that:

“Dying patients are nearly twice as likely to experience moderate or severe pain during the last week of life, as reported by surviving relatives, compared with patients before the Oregon Death With Dignity Act took effect in late 1997, the study found.”

A more recent study (2021) of PC in Flanders, Oregon, and Quebec shows:

“No clear and uniform relationship between palliative care and assisted dying can be identified in any of the three locations.”

Wooton referenced the additional $400 million funding for PC in New South Wales [NSW] as arising from the AS legislation. Palliative Care in NSW was quite limited between 2010 & 2015:

“Most decedents did not receive palliative care during hospital admission, and even then only very late in life, limiting its benefits."

The impetus for the funds was from the former Premier, Dominic Perrottet who had opposed AS and felt guilty because there had been no additional budget allocation for PC the year before AS was introduced:

“Palliative care in New South Wales will get a $743m boost as the state’s premier makes good on his promise to fix end-of-life care, making amends for failing on the issue when treasurer.”

The “MONITORING” of MP’s and Peers

Wootton admits that: “I do know where most people [MP’s & Peers] stand, because we monitor where people stand. We have a whole network of constituents working for us with MP’s.”

Dignity in Dying adds a wee bit of pressure with that, er…“monitoring”!

For example, on May 7#, Dignity in Dying had a “collection of signatures” in Winchester for an open letter to ask “Mr. Brine to recognise the cost to his constituency of the current law.”

Mr. Steve Brine MP is Chair of the Health and Social Care Committee which will investigate the question of Assisted Suicide in the UK — no pressure!

The Softball Interview

McDonald & Owen did not ask incisive questions of Wootton.

For example, she did not have to explain why so few AS applicants in Oregon receive appropriate psychiatric care for depression.

“Depression has been reported in 59 to 100 percent of terminally ill persons interested in assisted suicide…”

though:

“…in Oregon, in 2021 only 2 patients out of 383 were referred for psychiatric evaluation (0.5%), in 2020 this was only 1 patient out of 188. Couple this with data showing three quarters of those requesting assisted suicide report being lonely and 60% are clinically depressed, it is evident we are missing mental health as a causative factor in these patients.”

Also, all three ignored the dreadful fact that in Oregon:

“…the background suicide rate has risen by nearly one third (32%) since ‘assisted suicide’ was legalised.”

When discussing the political ramifications of Bill-13HL it might be relevant for two Legal Eagles to wonder how Russia or China might respond when their citizens resident in the UK are ‘killed.’

Conclusion

Wootton & Dignity in Dying are using a page from the Joseph Goebbels play-book…