Euthanasia and 'gay marriage' could be legalised and abortion even further liberalised in the UK in 2004. Over the next six months the government will be considering new legislation that could have profound implications for the way people live and how medicine is practised.
Lord Joffe's Patient (Assisted Dying) Bill,[1] seeks to bring in 'Dutch-style' euthanasia for everyone with an 'irremediable condition' who thinks they have 'unbearable suffering'. It ran out of Parliamentary time last year, but is to be reintroduced into the House of Lords again early this year. If it passes a second reading, which is likely given House of Lords convention, it will lead to a Select Committee being set up again to consider legalising euthanasia. The last such Select committee in 1994 ruled for 'no change in the law to allow euthanasia', but public opinion has weakened since especially with high publicity motor neurone disease cases like Diane Pretty and Reginald Crew. There are also moves afoot currently to legalise euthanasia on Guernsey and the Isle of Man.
The final draft of the long-awaited Mental Incapacity Bill is due to appear by the end of February. We will have to wait and see what it contains but there are concerns about 'euthanasia by the back door' through legally binding advance directives and withdrawal of food and fluids from patients who are not terminally ill.
Joanna Jepson's high profile attempt to get the police to investigate a case of late abortion for cleft palate [2] should return to court in May or June. The case has huge potential for limiting abortion for congenital abnormality, which since 1991 has been legal up until term for 'serious abnormality'. This law was personally supported by our current prime minister as part of amendments to the 1967 Abortion Act introduced with the Human Fertilisation and Embryology Act. The HFE Act itself comes under scrutiny by the House of Commons Science and Technology Committee, with the launch of a consultation on 22 January. This long overdue review has been prompted by criticisms of the government tampering with the HFE Act to authorise procedures for which it was never intended, such as so-called therapeutic cloning and preimplantation diagnosis for tissue type.
Meanwhile two other bills, only one of which was mentioned in the Queen's Speech may redraw traditional concepts of marriage. The Civil Partnership Bill is a major step towards legitimising gay partnerships and giving them similar legal status to that of married couples. The Gender Recognition Bill seeks to 'protect the rights' of transsexuals. Its provisions include a panel that has the power to order the issuing of a new birth certificate for a person convinced that he is 'a woman trapped in man's body', or vice versa. Anxieties have already been expressed about men competing in sports as women, using women's toilets or seeking 'marriage'.
The law is a powerful educator of public opinion and bad laws can also be instruments of oppression when they remove protection from vulnerable people or coerce them to behave in a particular way. By contrast, good laws can protect the weak and restrain those who would otherwise abuse power. 'Morality cannot be legislated', said Martin Luther King, 'but behaviour can be regulated. Judicial decrees may not change the heart, but they can restrain the heartless.'
The Bible tells us that God institutes all governing authorities.[3] This is no guarantee that they will govern justly. Rather, history bears stark witness to the fact that much evil in society comes from the top down, and the Old Testament prophets made it abundantly clear that God expects those with political power to use it humbly and wisely. He will hold to account those who issue 'oppressive decrees'.[4]
Of course it is easy for us to point the finger at those in government, and fail to realise that in a democratic society there is a strong sense in which we are all rulers. We can all influence public policy, and especially as Christian doctors we all have a voice and thereby influence. And we are all obliged before God to use it, particularly in defence of those who have no voice:[5] the poor, elderly or confused, those with head injuries, dementia or strokes, those suffering from chronic or psychiatric illness, the terminally ill, children, unborn children and human embryos.
We are all responsible. Most of us can influence colleagues and decision makers, through thoughtful argument. Many of us can speak in churches and schools or write letters to newspapers and journals. Some of us can speak on the media, or influence policy in our NHS trusts, Royal Colleges or the BMA. All of us can be well-informed and can pray. We will do our best to keep you informed and provide you with the ammunition you need to make a difference, but it is up to each of us to act.
Edmund Burke, former British prime minister, once said that 'the true danger is when liberty is nibbled away, for expedients, and by parts ... the only thing necessary for evil to triumph is for good men to do nothing.' He also said, 'Nobody made a greater mistake than he who did nothing because he could do only a little'.[6]
