§ Lord Lester of Herne Hillasked Her Majesty's Government:
Further to the Answer by Lord Williams of Mostyn on 20 November 1997 (H.L. Deb., cols. 742–744) whether they consider that it is clear under the criminal law of homicide as currently declared by the courts that a doctor treating a terminally ill patient has a defence to a prima facie case of murder based on foresight of consequences, where the jury is satisfied (i) that the doctor administered the treatment in good faith for the purpose of relieving his patient's pain, suffering and severe distress; (ii) the treatment was given with the patient's inferred consent; and (iii) the treatment given accorded with good medical practice.
§ Lord Williams of MostynThe Government consider that the law is clear. The intentional killing of another person can be prosecuted as murder. Treatment intended to cause death rather than alleviate pain and distress is, and should remain, unlawful. However, it is lawful to provide treatment which is intended to reduce pain and suffering, but which may shorten life, subject to the usual requirements regarding patient consent.