Court hears right-to-die case of Glasgow care home resident

A severely disabled grandfather’s legal plea over the right to die is a case of “particular concern and urgency” for him, a court has heard.

Gordon Ross, 66, who suffers from several serious medical conditions, is seeking clarification from the Court of Session in Edinburgh over the legal position surrounding assisted suicide in Scotland.

Mr Ross, who lives in a Glasgow care home, is calling on the top prosecutor, the Lord Advocate, to issue guidance clarifying whether any person who helped him end his life would be charged with an offence.

Such guidelines have been published by the Director of Public Prosecutions (DPP) in England but they do not apply in Scotland.

Mr Ross has said he does not want to die now but fears that if the time comes when he has “had enough”, he will not be capable of ending his life without help – a situation he believes amounts to discrimination on account of his disability.

The former television producer’s poor health meant he was unable to attend court today, where his legal team called for the case to progress at some pace.

Representing him, Aidan O’Neill QC said: “The petitioner was hoping to be here in person but his physical deterioration is such that he has not been able to be transported over from Glasgow to Edinburgh.

“His physical situation continues to deteriorate.

“The matter is one of particular concern and urgency for him to be resolved as quickly as possible.”

Mr Ross’s legal team has argued that the Lord Advocate’s “failure” to produce guidelines is incompatible with the disabled man’s rights under the European Convention on Human Rights (ECHR).

“The present application is based on the submission that the refusal by the Lord Advocate to set out policy guidelines is unlawful because it’s incompatible in respect of the convention rights,” said Mr O’Neill.

Lawyers for the Lord Advocate dispute the claims and further argue that it would be inappropriate for the court to make any order while the Assisted Suicide (Scotland) Bill is still being considered at the Scottish Parliament.

Gerry Moynihan QC told Judge Lord Doherty: “It is my submission that your Lordship will see that the Lord Advocate’s policy is crystal clear. There is no lack of clarity requiring any further statement.”

The judicial review case follows several high-profile cases in England, including that of Tony Nicklinson, who fought for the right to legally end his life after being paralysed by a stroke.

Mr Ross suffers from conditions including Parkinson’s disease and the loss of sensation in his arms and legs. He is unable to walk and cannot feed or dress himself, or attend to his personal needs.

Speaking outside court, his youngest son Jon Ross, 30, said: “He’s in tremendous pain whenever he gets his shakes, which is quite often now and they get worse.

“He can’t walk, he can’t hold things very well. But mentally he’s still fine, which is partially why we’re here, because he does have the choice.”

Voicing hope that the court process would produce the outcome they desire, Mr Ross added: “If this is going to help him find more peace, that would be great.”

Campaigners from Friends At The End (FATE) earlier demonstrated outside the court in support of Mr Ross.

Spokesman Dr Bob Scott said: “Gordon is suffering unnecessarily because of doubt and uncertainty. It would be reassuring for him and comforting for him to know that the rights and wrongs of his position were clarified in law.”

Gordon MacRae, chief executive of the Humanist Society of Scotland, of which Gordon Ross has been a longstanding member, said: “We passionately believe in the idea that people should have personal choice at the end of their life. Today is about ensuring that people who face really tough challenges in their last few years, months and weeks are actually able to make the same choices that people who are of full capacity are already able to make.”

Proposals to legalise assisted suicide are being considered in parallel at Holyrood.

The Scottish Parliament’s Health Committee recently said the plans were flawed and face “major challenges” going forward.

It added that while the majority of its members did not support the general principles of the Assisted Suicide Bill, it would make no formal recommendation to Parliament on the legislation as it was a matter of conscience.

Dr Gordon Macdonald, of the Care Not Killing campaign group said they remain “vigorously opposed” to assisted suicide.

He said: “Care Not Killing believes that legalising assisted suicide changes the culture surrounding care for sick and dying people, and would be a catastrophe in terms of how our society confronts illness and disability – not to mention devaluing suicide prevention efforts.

“Proposed so-called safeguards assume that those who will request assisted suicide will know their own minds beyond doubt. This is a false assumption.

“In today’s individualistic society the pressures on sick, disabled and elderly people to avoid placing ‘unfair burdens’ on others are very great.

“Maintaining the law’s protection of this silent and vulnerable majority is more important than giving choices to a minority of strong-minded and highly resolute people.”

The court hearing continues.

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