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MISC 82: Letter to the Chairman from Mr W J Cowan
I write concerning the UK Government's attitude to the legalisation in Switzerland of assisted suicide for British citizens. I enclose copies of my letter to the Foreign Office dated 19th October and the Switzerland Desk's reply dated 19th November.
I write to ask if the committee shares what appears (from the letter of 19th November) to be the Government's view-that the assisted suicide of dozens of British citizens in another country is no concern of the Government. My question does not relate to the Crown Prosecution Service's discretion and I am not inviting the Government to "intervene" (see the third paragraph of Mr Utting's letter) in any judicial sense. I am asking whether it is not the Government's duty to bring diplomatic pressure to bear against Switzerland, because of its admission of British citizens to die in a way that would be flagrantly criminal if it occurred in this country.
The House of Lords Select Committee's report (a copy of which was attached to Mr Utting's letter) is a valuable piece of research which compares the situations in Oregon, USA, Holland and Switzerland. It makes clear that not only is Switzerland unique in permitting assisted suicide for foreign nationals-without any involvement by the doctor concerned-but Dignitas is alone among the relevant organisations in assisting foreign nationals. Dignitas is "a recently founded breakaway group from EXIT [an older, larger such organisation]" (paragraph 193 of the report); it is a "much smaller body, controlled by a two-man board" (paragraph 200).
The Lords Select Committee's report notes that "there are concerns in Switzerland about the activities of these organisations" (paragraph 207). Mr Utting's statement in his letter to me that "it is not [a matter of] federal law, each Canton's government has its own laws governing assisted suicide" appears simplistic, if not disingenuous, when one reads paragraph 196 of the Lords report. Those visiting Switzerland found that-"The Swiss authorities appear to have concerns about some aspects of the present law, in particular regarding assistance with suicide being given to foreigners coming to Switzerland for this purpose.... [the] Attorney-General of the Canton of Zurich was concerned about situations where "a person comes today and dies the same day"...There have been a number of proposals put forward in the Swiss parliament to combat such "death tourism" ...we were told by Mr Bernard Stadelman of the Federal Ministry of Justice that the Swiss authorities were aware of the problem and that the Government was "trying to ascertain whether there is a danger of the situation in Switzerland being exploited and, if so, [it would] take appropriate steps to remedy the situation".
Hence I would ask the Committee whether it is satisfied with the Government's approach, or whether it shares my concern that the Government may not be taking this situation seriously enough.
10 December 2008
Letter to the Foreign and Commonwealth Office from Mr W J Cowan
I write to express my concern at Switzerland's complicity in assisted suicide and to seek reassurance that appropriate representations have been made to its government.
As a tetraplegic for the past 27 years, I have been saddened at the recently reported death of Dan James. I am dismayed that state-condoned assisted suicide should have presented itself as a choice for him.
Switzerland appears to be alone among European states in permitting foreign nationals to enter for this purpose. Assisted suicide is illegal in the United Kingdom and for it to be made available to British citizens abroad affronts and tends to undermine our law. I write to ask whether Her Majesty's Government has found effective ways of expressing its disapproval to the Swiss and asking them to reconsider this policy.
HMG expends considerable effort in attempts to limit foreign production of narcotics which will damage British lives. By analogy, it is right for HMG to object strenuously to another state's collusion in the deaths of apparently dozens of British citizens.
19 October 2008
Letter to Mr W J Cowan from the Foreign and Commonwealth Office
Thank you for your letter of 19 October regarding assisted suicide in Switzerland.
As you mentioned in your letter, the practice of assisted suicide is illegal in this country. Section 2(1) of the Suicide Act 1961 makes it an offence to aid, abet, counsel or procure the suicide or attempted suicide of another person. In our view, an offence under section 2(1) is committed even where the suicide occurs abroad but only if the aiding, abetting etc., takes place in this country.
Aiding, abetting etc., abroad a suicide that takes place abroad is a matter of the law in the country concerned and not one in which we would intervene.
The Swiss Penal Code also prohibits direct active euthanasia. However, it is not federal law, each Canton's government has it own laws governing assisted suicide. Some have laws prohibiting it others do not. The House of Lords Select Committee on Assisted Suicide visited Switzerland in February 2005. Its recommendations can be obtained on http://www.publications.parliament.uk/pa/ld200405/ldselect/ldasdy/86/8608.htm. I enclose a copy.[1]
19 November 2008 [1] Not published. |