Appeal court rejects Phil Newby’s judicial review on assisted dying
Decision comes as new figures reveal that one Brit travels to Switzerland for an assisted death every week.
The Court of Appeal has refused permission for a judicial review on assisted dying, brought by a terminally ill man with motor neurone disease. Phil Newby, a 49-year-old father-of-two from Rutland, asked the Courts to undertake a “detailed examination of the evidence” to determine whether the blanket ban on assisted dying is compatible with his human rights. Phil and his legal team had appealed against a decision from the High Court in November 2019 which denied his case permission to proceed, but were unsuccessful.
Phil’s case was the first time assisted dying had been heard by the Courts since Noel Conway’s case was rejected by the Supreme Court in November 2018. Phil had asked the courts to examine a large body of evidence and to cross-examine experts, a departure from the norm.
The decision comes as Dignitas, the Swiss assisted dying organisation, published its figures for 2019 yesterday. They reveal that 42 Brits were assisted to die there last year, up from 24 in 2018. Life Circle, another Swiss organisation, revealed in correspondence with Dignity in Dying that 11 Brits were assisted to die there in 2019, down from 19 in 2018. This now means that one British person travels to Switzerland for an assisted death at least every seven days, up from one every eight days in recent years [note that these figures do not include other Swiss organisations such as Ex International, which do not make their figures publicly available].
These developments come days after MPs discussed assisted dying at a Westminster Hall debate on Thursday 23rd January, during which a majority of speakers backed an inquiry into the functioning and impact of current legislation. The Justice Secretary, Robert Buckland, announced on Sunday 26th January that he will “actively consider” a call for evidence on the matter, following calls from across society.
Overseas, a date has been set in New Zealand for the world’s first public vote on assisted dying legislation, after a bill passed Third Reading in November 2019. The referendum will take place on 19 September 2020. Western Australia is due to implement an assisted dying law in the coming months, after Victoria became the first Australian state to do so in June 2019. These jurisdictions join nine American states, plus the District of Columbia, which have also enacted assisted dying laws.
Reacting to the Court of Appeal decision on his case, Phil said:
“Whilst I am thoroughly disappointed that the Appeal Court has refused my case a hearing, this decision has made it clear that judges will not engage on the issue of assisted dying, which means that it is down to Parliament to act. Support for an inquiry into the evidence on assisted dying is growing among MPs, as demonstrated by the debate last week and subsequent announcement from the Justice Secretary.
“There is an abundance of evidence demonstrating the impact that the current law is having on families like mine up and down the country, and of safe practice in the many other countries that developed laws that provide dying people with choice. With the courts refusing to even hear cases like mine, now is the time for MPs to take really account of that evidence and consider how our cruel current law can work better for patients and families. An intelligently crafted assisted dying law is desperately needed.”
Sarah Wootton, Chief Executive of Dignity in Dying, said:
“While it is disappointing that the courts have refused to examine this issue, there are now growing calls for the Ministry of Justice to lead a Government inquiry to examine how our outdated laws on assisted dying affect terminally ill people like Phil, their families, the police and other public services.
“The Justice Secretary should be commended for considering a call for evidence, following campaigning by Dignity in Dying and families who have been criminalised under the current law, lobbying from Police and Crime Commissioners across the country, and support from MPs from all parties, most recently at a Westminster Hall debate on Thursday. The resounding message is that the current law simply does not work.
“These latest figures from Switzerland show that banning assisted dying does nothing but drive the practice overseas, thereby forcing terminally ill people and their families to shoulder the cost and risk prosecution in the process. For those who cannot afford the £10k price tag, many are forced to take matters into their own hands, with hundreds of terminally ill people ending their lives in the UK every year. Others without the strength or means to act are forced to suffer unbearably against their wishes in their final weeks and days. Meanwhile, parliamentarians around the world, most recently in New Zealand, are concluding that it is perfectly possible to craft assisted dying legislation that is both compassionate and safe. It’s time for the UK to scrutinise our backward laws, not dying people and their loved ones.”
