More articles like this can be found at www.the-vibe.co.uk
I seem to be falling into the habit of writing whole articles purely in response to an article someone else wrote that I happened to find interesting. This time, it was the recent article “should we decriminalise drugs” that got me interested. The first point that is important to make is the de-criminalisation of drugs is often confused with legalisation. Under de-criminalisation, the law would not change, it would simply no longer be enforced, with the aim of reducing the burden on the criminal justice system by not forcing the police to arrest every guy they catch with a spliff. Only legalisation would lead to the wholesale reforms that advocates say would create a new regulated market, taking power away from drug dealers and curing the social ills normally associated with the use of narcotic substances.
So, why don’t we legalise drugs? I think one point that has been consistently missed in this debate is that drug habits cause crime because drugs cost money – not because they are illegal. Their addictive properties result in what economists call ‘inelastic’ demand. In other words people will pay through the nose to get hold of them regardless of how much money they actually have available to spend on them. Taking drugs out of the hands of gangsters working out of a crack den and placing them with the likes of Glaxo Smith Kline, therefore, would have next to no effect on the root cause of all their associated social problems, their price. This is because, legal or not, the laws of free market economics still apply.
This leads us on to the issue of supply. Most of the hard drugs feeding users’ habits over here come from somehwhere else; Cocaine from South America, for example, and Heroin from Afghanistan. The cultivation of poppy and coca bush fields is a violent business. Many innocent people are drawn into the industry as their only means of escaping poverty, fast becoming dependent on international drug trafficking gangs and paramilitary groups for their livelihoods. Drug farming also has a lot of nasty side effects including massive damage to the envirnoment, as acres of forests are demolished to make way for new farms, and the displacement of other farmers trying to make a living out of useful products…like food. Of course, the laws of economics apply just as readily here and as legalisation would have no effect on demand, it would do nothing to halt the supply of drugs, and all the devastating consequences that come with it, either.
So, what about de-criminalisation? The case of Portugal who, de-criminalised drugs in 2001, is interesting, but needs to be taken with a pinch of salt. Much has been made of a recent Cato Institute study which sung the praises of the Portuguese government’s approach to drugs. Yet, as an outspoken libertarian think tank and proponent of liberalising drugs laws, their impartiality is questionable. Indeed, several critiques of the study have led to accusations that the institute ‘cherry picked’ the start and end years of the various age groups at the centre of their analysis in order to get more favourable results.
However, it is impossible to dismiss all their findings, especially those that clearly indicate a drop in drug related deaths and an increase in the number of people seeking treatment, since the introduction of the laws. In this respect, governments such as our own who go to the other extreme, throwing anyone with a drug problem in jail should take note; addicts need treatment, not jail time. Nevertheless, it is important that drugs remain illegal because the only way to reverse their ruinous effects on society is to take users off the streets until drugs are no longer a viable commercial product, depriving the dealers of their profits. This can only happen by making treatment compulsory under pain of prosecution. In the long term though, we will need more than simple domestic reforms to deal with the supply of drugs, but tackling demand is a good start.
Friday 14 August 2009
Thursday 13 August 2009
The case against assisted suicide
The recent success of MS sufferer Debbie Purdy in persuading the country’s most senior judges to back her call for a clarification of the law regarding assisted suicide has prompted a new national debate on the issue. The pro-euthanasia lobby, buoyed by the news that approximately 75% of the population now also support the full legalisation of assisted suicide, are more confident now than ever of achieving this, their ultimate goal. So, is it time for Parliament to reverse its long held position?
If I were an MP, I would need to be convinced of three things to vote for a bill to legalise assisted suicide: 1) that there was a clear need for a change in the law; 2) that there was evidence of clear consent free from external pressure (unscrupulous families and financial difficulties) and unaffected by any internal disorders (clinical depression); 3) that the right to die is as important as the right to life.
1) Does the law need to be changed?
It certainly needs to be clarified as the Law Lords’ ruling pointed out. At present, although no charges for assisting suicide by accompanying a patient to the Dignitas clinic in Switzerland have been brought against anyone, the consequences of doing so remained clouded in uncertainty. This is because the government is all too aware of the rising public support for assisted suicide and does not want the national debate that would surely result from an arrest. Were the polls to change, however, they may be more inclined to throw the book at ‘offenders’. In any case, not pressing charges amounts to a tacit endorsement of assisted suicide, so the government needs to explain its position once and for all.
2) Can clear consent to die ever really be provided?
Consent is a fluid concept. The idea that you can write into law a means of gaging the difference between someone who is 100% certain that they are ready to die and that they have not been pressured into the situation by unscrupulous relatives, their own inability to afford the standard of care they require, or by a serious bout of depression – an expected side effect of being terminally ill – is clearly fallacious. For example, in the U.S state of Oregon, often cited as a model for an assisted suicide law in the UK, last year almost a third of those who decided to end their lives prematurely cited the pressure of being a burden on their families as the main reason for doing so.
3) Is the right to die as important as the right to life?
A 2007 review of Euthanasia in the Netherlands, carried out by the Dutch government, revealed that out of the 3500 people who died through assisted suicide, 900 died by ‘involuntary’ euthanasia. The majority of these patients were either comatose, unable to communicate or suffering from dementia. The most common reasons for ending these patients’ lives given by the physicians responsible included: ‘no hope of recovery’, ‘the family couldn’t take it any more’ and ‘these patients have as much right to die as any other’. Furthermore, the extension of assisted suicide in Holland to include people with severe depression raises the question of how you stop the legalisation of assisted suicide for terminal patients from gradually expanding into assisted suicide on demand for anyone who simply feels they are no longer in control of their life. The answer is you can’t. The abortion laws in this country and the gradual erosion of every safeguard put in place to prevent it being used as a form of contraception as was feared by David Steel, the Liberal politician primarily responsible for its legalisation in 1967, demonstrate this clearly.
In summary, there are few causes more noble than those that aim to minimise or prevent the suffering of others. However, the path to Hell is paved with good intentions which is why the BMA continually refuses to support the calls for legalisation of assisted suicide. It is therefore imperative that Parliament resist these pressures too. Doctors already exercise considerable discretion in helping terminal patients to pass away peacefully and painlessly, while directing the bulk of their efforts to providing the high standard of palliative care our terminal patients enjoy today. One wonders how long the private and public investment that maintains that system would last if death became an alternative form of ‘treatment’ and how many terminal patients, desperate to live out what few years they had left in comfort, would suffer as a result.
If I were an MP, I would need to be convinced of three things to vote for a bill to legalise assisted suicide: 1) that there was a clear need for a change in the law; 2) that there was evidence of clear consent free from external pressure (unscrupulous families and financial difficulties) and unaffected by any internal disorders (clinical depression); 3) that the right to die is as important as the right to life.
1) Does the law need to be changed?
It certainly needs to be clarified as the Law Lords’ ruling pointed out. At present, although no charges for assisting suicide by accompanying a patient to the Dignitas clinic in Switzerland have been brought against anyone, the consequences of doing so remained clouded in uncertainty. This is because the government is all too aware of the rising public support for assisted suicide and does not want the national debate that would surely result from an arrest. Were the polls to change, however, they may be more inclined to throw the book at ‘offenders’. In any case, not pressing charges amounts to a tacit endorsement of assisted suicide, so the government needs to explain its position once and for all.
2) Can clear consent to die ever really be provided?
Consent is a fluid concept. The idea that you can write into law a means of gaging the difference between someone who is 100% certain that they are ready to die and that they have not been pressured into the situation by unscrupulous relatives, their own inability to afford the standard of care they require, or by a serious bout of depression – an expected side effect of being terminally ill – is clearly fallacious. For example, in the U.S state of Oregon, often cited as a model for an assisted suicide law in the UK, last year almost a third of those who decided to end their lives prematurely cited the pressure of being a burden on their families as the main reason for doing so.
3) Is the right to die as important as the right to life?
A 2007 review of Euthanasia in the Netherlands, carried out by the Dutch government, revealed that out of the 3500 people who died through assisted suicide, 900 died by ‘involuntary’ euthanasia. The majority of these patients were either comatose, unable to communicate or suffering from dementia. The most common reasons for ending these patients’ lives given by the physicians responsible included: ‘no hope of recovery’, ‘the family couldn’t take it any more’ and ‘these patients have as much right to die as any other’. Furthermore, the extension of assisted suicide in Holland to include people with severe depression raises the question of how you stop the legalisation of assisted suicide for terminal patients from gradually expanding into assisted suicide on demand for anyone who simply feels they are no longer in control of their life. The answer is you can’t. The abortion laws in this country and the gradual erosion of every safeguard put in place to prevent it being used as a form of contraception as was feared by David Steel, the Liberal politician primarily responsible for its legalisation in 1967, demonstrate this clearly.
In summary, there are few causes more noble than those that aim to minimise or prevent the suffering of others. However, the path to Hell is paved with good intentions which is why the BMA continually refuses to support the calls for legalisation of assisted suicide. It is therefore imperative that Parliament resist these pressures too. Doctors already exercise considerable discretion in helping terminal patients to pass away peacefully and painlessly, while directing the bulk of their efforts to providing the high standard of palliative care our terminal patients enjoy today. One wonders how long the private and public investment that maintains that system would last if death became an alternative form of ‘treatment’ and how many terminal patients, desperate to live out what few years they had left in comfort, would suffer as a result.
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