‘Noel Conway vs Ministry of Justice’ case
Compassion in Dying
| Dignity in Dying
A judgment has today been handed down following a permission hearing on the ‘Noel Conway vs Ministry of Justice’ case, denying permission for the case to proceed.
Responding to the judgment, Noel said:
“I am very disappointed in the court’s decision not to grant my case permission to proceed. Though this is a set back in my fight for rights at the end of my life, I will not be deterred and will be appealing this decision.
“I am fighting for choice and control over my death, because the current ban on assisted dying denies me these rights and forces me to face an unacceptable set of options that most people would balk at in disbelief.
"I am going to die, and I have come to terms with this fact. But what I do not accept is being denied the ability to decide the timing and manner of my death. I am not prepared to suffer right to the end, nor do I want to endure a long, drawn out death in a haze of morphine. The only alternative is to spend thousands of pounds, travel hundreds of miles and risk incriminating my loved ones in asking them to accompany me to Dignitas. This would also force me to die earlier than I would want.
“The option of an assisted death should be available to me, here in this country, in my final six months of life – this is what I am fighting for. It would bring immense peace of mind and allow me to live my life to the fullest, enjoying my final months with my loved ones until I decide the time is right for me to go.”
Sarah Wootton, Chief Executive of Dignity in Dying, who are supporting Noel’s case, added:
“We are disappointed with the outcome of the hearing and of course will be supporting Noel in appealing this decision.
“The current law simply does not work and Noel would like the courts to examine the evidence in detail. Parliament has so far ignored the pleas of dying people like Noel and the overwhelming majority of the public who also support a change in the law on assisted dying for terminally ill, mentally competent adults in their final six months of life. And that is precisely why we will continue to fight for it.
“A Crowdfunder launched to help cover Noel’s legal costs has received incredible support – further evidence that the public are firmly behind him. Parliament has refused to engage adequately with the debate on assisted dying. Mr Justice Charles agreed that Noel’s case should have a full hearing; two other judges did not agree. We will continue to support Noel to have his case heard in court, so that judges can consider the overwhelming evidence and the progress made overseas in the last three years. We hope that this decision will be overturned so that Noel’s voice, and the voices of dying people across the country, can be heard.”
Yogi Amin, partner and head of public law at Irwin Mitchell, added:
“The world has changed phenomenally in the past few decades with many medical advances, but the law on assisted dying for those who are terminally ill hasn’t changed for more than 50 years. Naturally we are disappointed, that by a split decision in the court, Noel has not been given permission to put forward his case in court but we will seek permission to appeal.
“Noel wants the law changed so that it respects an individual’s choice about dying with dignity. This situation is clearly traumatic for the individuals involved and their families who are often torn between not wanting to see their loved one suffer and also not wanting to lose them and we commend Noel for his bravery in bringing this important legal case.”
