Lord Jackson of Peterborough (Con)

As usual, the noble Lord makes a very apposite point and reinforces my arguments. Time is pressing, so if I can beg the indulgence of your Lordships’ House, I will just develop slightly my support for the points that my noble friend Lord Shinkwin made at the beginning of this debate. The danger that terminally ill patients, accustomed to trusting medics who care for them, will sense that they should do what their doctor is telling them when they are only suggesting the option of assisted suicide is greatly heightened where, for instance, learning disabilities are in the mix. My noble friend made reference to Ken Ross of the National Down Syndrome Policy Group, who was quite right when he said: “People with Down syndrome have a very complex and unique speech and communication profile. They are highly suggestible. Even someone wearing a uniform could suggest a position of authority to them and something they should show acquiescence to. The acquiescence bias risk from people with Down syndrome is extraordinary.” This was mentioned by my noble friend. “They could have a seeded view around what they think that person wants to hear and talk about without fully understanding the position”. I assume that by “a seeded view”, Mr Ross means that the idea is planted in their mind, by a doctor mentioning assisted suicide, that this is what that doctor would prefer. Others, more expert, might put me right. Other similar points were made by my noble friend Lady Monckton, in her superb speech, about the dangers of someone such as her daughter Domenica, who has Down syndrome, being advised by a doctor new to her that a terminal condition might mean it is best to have her life ended—without any legal obligation to discuss this with parents, other family members or someone independent, as the amendments from the noble Baroness, Lady Grey-Thompson, propose. As she said, fear, terror and a total lack of comprehension would sit alongside her daughter’s highly suggestible disposition. The Commons, in fairness, did ensure that the Bill now has extra safeguards for those with learning disabilities, but these are focused on training and an advocate from the first declaration—far further down the road than the preliminary discussion. Actually, the experience in Australia is that training around the specific bespoke issue of coercion is very limited, and that needs to be looked at. Perhaps the noble and learned Lord will address that in his concluding remarks. This is when framing effects will occur and will be the starting point for vulnerable people misunderstanding the options or feeling pressure. By the time an advocate is in place, the person they are working for might have a fixed idea, which the advocate will not want to ride roughshod over. Clause 5 therefore needs strengthening to address this inconsistency, which is a key concern of experts in learning difficulties. Hence the question that some noble Lords may be asking, about the need for prohibition, particularly where Down syndrome and learning disabilities are in play, because these might be the patients most likely to provoke cost concerns but least likely to discern that this motivation, not their best interest, is the main reason for raising the possibility of assisted suicide. I have to say that that would be a minority of cases, and I am not making that point about the vast majority of clinicians. In conclusion, it is for these reasons that I strongly support Amendment 162 and others in this group.