HL Deb 20 March 1979 vol 399 cc1001-2

2.51 p.m.

Lord SUDELEY

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

The Question was as follows:

To ask Her Majesty's Government whether they are aware of Dr. Colin Brewer's publicly expressed disagreement with the statement by the Director of Public Prosecutions that there was insufficient evidence to prosecute him for the attempted murder of a cancer patient; and whether they will instruct the Director of Public Prosecutions to make absolutely certain that the law is enforced in cases of "active euthanasia".

The LORD CHANCELLOR (Lord Elwyn-Jones)

My Lords, the Director of Public Prosecutions considers every such case on its own merits and he will institute proceedings if he believes that they are justified. It is for the Director to decide whether the evidence justifies proceedings in any particular case. My right honourable and learned friend the Attorney-General is satisfied that the Director is appropriately enforcing the law.

Lord SUDELEY

My Lords, while thanking the noble and learned Lord for that Answer, may I ask whether he would agree that cases of the kind referred to in the Question are much less likely to occur if instruction in the care of the dying is properly given throughout the land by hospice doctors, who are the real specialists in the field, and the home care service for the dying is much improved? In this context may I ask whether the noble and learned Lord is aware—I am afraid this is a medical question and not a legal one—that the instruction in the care of the dying at University College Hospital is given only by a radiotherapy consultant, and at present there are no comprehensive arrangements for a night district service for the care of the terminally ill who are dying at home?

The LORD CHANCELLOR

My Lords, the noble Lord has raised some interesting questions which do not, alas! arise from the Question on the Order Paper, and I am afraid, having no expertise in the matters which he has discussed, I cannot assist him or the House upon them.

Lord HALE

My Lords, is not my noble and learned friend aware—I know he is!—that there have been a substantial number of cases recently of considerable importance and gravity, and that the Director quite obviously is now handling so many cases that he cannot give personal attention to all of them? Directors come to different conclusions at different times, and more and more cases are brought and withdrawn, more and more charges are lodged and then amended. For example, is any action contemplated in connection with the sale of fraudulent pictures for substantial sums following the withdrawal of the charges against Mr. Tom Keating?

The LORD CHANCELLOR

My Lords, my questioners are engaged in interesting irrelevancies, I am afraid. I am extremely sorry but this is not the occasion for a survey of the decisions of the DPP; but my experience of that office is that they work jolly competently.