Man fights to change right-to-die legislation

A MAN with motor neurone disease (MND) is fighting UK laws on assisted dying.

Phil Newby, 49, from Rutland was diagnosed with the degenerative disease in 2014 and is no longer able to walk or use his hands or lower arms.

The married father of two is bringing a legal action against the government over the current law, which makes it a criminal offence for anyone to help another person end their life.

Mr Newby’s case is that top judges should make a thorough examination of expert evidence – including from countries where assisted dying is legal – before deciding whether the law is incompatible with his human rights.

His lawyers told a hearing in London on Tuesday Mr Newby is facing an “inhumane and intolerable” deterioration as his illness progresses.

Paul Bowen QC, for Mr Newby, said: “The claimant wishes to be able to choose an assisted death, at home, when he considers the emotional and physical discomfort of existence outweighs the enjoyment he still receives from living.

“That point has not yet been reached, but it is foreseeable. With the comfort of knowing he had that option available to him, the claimant would be better able to enjoy the time he has left.”

Mr Bowen argued previous rulings by the Supreme Court on right-to-die cases had “left the door open for determination of the right case” on the issue.

Lawyers representing the Secretary of State for Justice argued Mr Newby’s challenge should be rejected as the courts have already ruled on the same matters.

James Strachan QC, for the Government said in light of the Supreme Court’s earlier decisions and the absence of any “significant changes in societal attitudes or medical science” since, Mr Newby’s claim is “unarguable” and there is “no basis for the claimant to seek to re-litigate these issues”.

At the start of the hearing, Lord Justice Irwin said no-one could consider these cases “without feeling immense sympathy for the people involved”.

The judge, sitting with Mrs Justice May, said it may seem like a “technical legal” exercise, but the courts are well aware of the underlying “humanity”.

On his Crowdjustice website, through which he has raised more than £42,000 towards legal costs so far, Mr Newby said: “I’m fighting this case for everyone who believes in the right to have a dignified and civilised ending for people who are incurably ill and approaching the end of life.

“Securing the right to be helped to die with medical supervision will provide great comfort. Rather than shortening my life, I believe it will help me live the time that remains to the full.”