UK appeals court to hear assisted dying case today

Tuesday 01 May 2018

As Guernsey nears its expected debate on legalising assisted dying in the island, a man is challenging the decision to refuse him the right to end his own life in the UK.

Noel Conway was diagnosed with incurable and terminal motor neurone disease in 2014 and will today have his case heard at the UK's Court of Appeal in London.

Due to Mr Conway’s deteriorating health he will be viewing the hearing via video link from his local court in Telford rather than appearing at the court in London in person.

The 68-year-old from Shropshire is being supported by the organisation Dignity in Dying to bring a judicial review challenging the current national law on assisted dying. Mr Conway has said that he feels that he is prevented from exercising his right to choice and control over his death under the current UK law and he fears that without a change in the law he may be forced to suffer against his wishes.

Mr Conway, supported by Dignity in Dying, has instructed law firm Irwin Mitchell to bring this case to fight for his right to have the option of an assisted death when he is in his final six months of life.

*Love* this photo. Does this man look depressed? Suicidal? Feel a burden? No. Noel wants to live, but MND has taken this possibility away. He simply wants the right to die on his own terms, peacefully, when the time is right for him. We're with you all the way, Noel #ImWithNoel pic.twitter.com/IHuUkxU9mU

— Ellie Ball (@wee_ellster) April 30, 2018

Mr Conway's fight for the right to end his life on his own terms comes two weeks before the States of Guernsey are due to debate legislation on assisted dying in the island.

Through a requéte lodged by Deputy Gavin St Pier, a number of deputies want the island's government to set up a working party to investigate ways of allowing those residents with a terminal illness, within the final stages of their lives, to be able to choose assisted dying. The States of Guernsey are due to debate this at a meeting scheduled to start on Wednesday 16 May.

A spokesperson for Dignity in Dying told Express they are aware of the current debate in Guernsey. The organisation's Chief Executive Sarah Wootton said the island is "brave" to be considering such a change in legislation. 

“It shouldn’t be courageous to take a decision that is popular, compassionate, safe and sensible but the people of Guernsey are bravely taking a step towards legalising assisted dying" she said.  

Mrs Wootton said the argument in the UK has been ongoing for a few years following changes in legislation elsewhere: “In 2015, MPs in the UK decided to ignore the wishes of their constituents and listen to scaremongers, whose arguments are repeatedly proved wrong as more and more countries decide to give dying people a say over how and when they die.

“From California to Canada, Vermont to Victoria, politicians have decided to listen to the wishes of dying people and given them a say over how and when they die. What we’ve seen there has been remarkable: choice for dying people, protection for vulnerable people, honest and open conversations between doctors and their patients. 

“We should applaud the people of Guernsey for beginning this discussion and must hope that their positive, progressive example is followed here.”

Three great women @PrueLeith @CarolineLucas @MeacherMolly pledging their support for @noel_conway challenge to our outdated & cruel law on assisted dying. #ImwithNoel #DignityinDying #mycaremychoice pic.twitter.com/DNqOiaCmEC

— Sarah Wootton (@sarah_wootton) April 30, 2018

Above: Mrs Wootton with Prue Leith and Molly Meacher

Deputy St Pier and assisted dying campaigner Sarah Griffith are among those in London today supporting Mr Conway in his legal battle. They have also found support from a number of celebrities for Guernsey's debate on assisted dying.

Actor Sir Patrick Stewart and Restaurateur Prue Leith have already publicly supported Mr Conway and have now said they support Guernsey's efforts to change the law too. Ricky Gervais is among other high profile individuals who have also welcomed the debate in Guernsey.

Fantastic support for Assisted Dying both in the UK and Guernsey too - Sir Patrick Stewart OBE - Prue Leith CBE - Gavin St Pier and I, at the Houses of Parliament this afternoon. pic.twitter.com/mSwug1ocR4

— Sarah Griffith MBE (@aymestrey) April 30, 2018

Both Sir Patrick and Ms Leith are patrons of Dignity in Dying, and they declared their support at a briefing event on the Noel Conway case in the House of Commons in London on Monday 30 April 2018. The event was attended by Guernsey's Chief Minister and Ms Griffith.

Sir Patrick said: “A dear friend of mine was very sick with multiple cancers throughout her body and in great pain. The palliative care she was offered in her final months simply could not help. Her suffering was so immense that she attempted to end her own life with an overdose of medication before finally resorting to suffocating herself with a plastic bag while her husband was out. How can we continue to support the status quo when it forces dying people to resort to such drastic measures? It is beyond cruel.

“I fully support the current efforts in Guernsey to legalise end-of-life choice. Like the rest of the British Isles, their citizens are fortunate enough to enjoy many personal freedoms throughout their lives – why should terminally ill people be suddenly stripped of these rights when it comes to their death? It is the mark of a forward-thinking, progressive society to question this and the fact that Guernsey is doing so should be celebrated.”  

Ms Leith added: “Having seen my brother suffer months of agony and a horrific death from bone cancer, I know the horrors of present practice. David’s doctors would not give him enough morphine ‘for fear he’d become addicted’ – this three weeks before his expected death! The real reason, of course, was the fear of being prosecuted for unlawful killing if the extra morphine should hasten his death. We should not put patients or doctors in this untenable position.

“Terminally ill people deserve better.  I applaud the politicians and people of Guernsey who are rightly addressing this issue - it is the sign of a mature, compassionate community which cares about its dying citizens. I wish them the best of luck and hope the rest of the UK takes note.”

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