End of Life Assistance (Scotland) Bill

Letter written on behalf of the Clergy of Clarkston Churches Together, and agreed unanimously by representatives of all denominations, in response to a request from the local MP and MSP for input on this issue. The Bill was defeated in the Scottish Parliament in November 2010.

CLARKSTON CHURCHES TOGETHER

C/o St Aidan’s Rectory

8 Golf Road

Clarkston

G76 7LZ

22nd March 2010

Rt Hon Jim Murphy MP

Mr Ken Macintosh MSP

Dear Friends

The Clergy of Clarkston Churches Together, representing the Church of Scotland, the Roman Catholic Church, the Scottish Episcopal Church, and an independent congregation, thank you for your letter of 5th March, which we have each received. We welcome your invitation to comment on issues raised by the End of Life Assistance Bill, currently before the Scottish Parliament, and we affirm and support wholeheartedly the stand you are taking. In this spirit, we offer the following points for your consideration:

1. The issues raised are of immense medical, legal, and moral complexity, as well as being intensely emotive to those affected and to others who feel strongly about the principles.

2. We recognise that the precise choices to be made in particular cases will be different, and that each situation will be perceived as unique by patients and their families.

3. We nonetheless believe that there needs to be legislation which enshrines fundamental principles, is responsive to developments in medical science, and sensitive to the convictions of both professionals and clients, and at the same time stipulates clear procedures to be followed before clinical intervention to terminate human life can legally be undertaken.

4. We believe that, for the protection of all parties, there should be a presumption against the legality of any such proposed intervention, including the withdrawal of care.

5. We believe that the courts provide the most appropriate forum in which clinical, social, legal, and ethical issues can be dispassionately considered, the wishes of patients and their families ascertained, and the consciences of practitioners protected.

6. We believe, as Christians and Christian ministers, that humanity is created in the image of God, and that therefore every human life is sacred.

7. We believe that a human life is no less valuable on account of physical or mental illness, however incapacitated the person may be in body or mind; the Church of Scotland “stands resolutely against the idea that human life is made less dignified or worthy by limitations in capacity”( End of Life Issues); the Roman Catholic Church has a long and consistent tradition of upholding the sanctity of human life from conception to natural death; the Scottish Episcopal Church has not adopted as dogmatic a position as this, but would nonetheless subscribe to the general principle.

8. While members of all churches may disagree as to the practical implications, as may members of other faith communities and secularists who accord some sanctity to human life or subscribe to the general principle of “human rights”, the sanctity of every human life must nonetheless not be lost sight of when legislation is considered.

9. We nevertheless recognise that the human body is inherently mortal, and terrestrial life transient, but affirm that human life is nonetheless valuable, significant, and sacred.

10. We therefore believe that the wilful termination of any human life cannot be lightly undertaken, whether it be an unborn foetus, an incurably ill or severely incapacitated child or adult, or a convicted criminal.

11. Nonetheless, while identifying strongly with your emphasis on the importance of expanding the provision of palliative care, we recognise that the sanctity of human life is not in all circumstances upheld by implementing or continuing a clinical regime which prolongs vital functions without enhancing the quality of life.

12. In order that the sanctity of human life may be upheld, due regard given to the convictions and wishes of patients and their families, and the professional integrity and conscience of medical practitioners protected, we believe that clinical treatment should not be withheld or discontinued without explicit and prior authorisation from a court of law.

13. In order that such legal process may be transacted efficiently, compassionately, and impartially, we believe that provision may need to be made for new and specialised judicial structures and procedures, possibly akin to those of a Coroner’s Court, in which medical and legal expertise can be brought to bear upon particular cases.

14. Should such structures and procedures be established, and should a case arise in which these procedures are not followed, and a human life be terminated through deliberate or apparently deliberate action on the part of another person, we believe there should be a presumption in law that a criminal investigation and prosecution will ensue.

We trust that you will find these points helpful.

Yours sincerely

Rev. Canon Dr Nicholas Taylor, Rector of St Aidan’s Episcopal Church, Clarkston

On behalf of:

Rev. Jim Duggan, Parish Priest of St Joseph’s Roman Catholic Church, Clarkston

Rev. Jerry Eve, Minister of Busby Parish Church

Rev. Gray Fletcher, Minister of Carmunnock Parish Church

Rev. Amy Bowers Heit, Associate Pastor of Netherlee Parish Church

Iain McCallum, Youth & Community Worker, Cartsbridge Evangelical Church

Rev. George Mackay, Minister of Stamperland Parish Church

Rev. Tom Nelson, Minister of Netherlee Parish Church

Rev. Iain Reid, Minister of Williamwood Parish Church

Rev. Jeanne Roddick, Minister of Greenbank Parish Church