Article
Comment
Justice
Trauma
4 min read

Can life go on after wicked acts of violence?

We can fulfill the law in more ways that just the legal sense.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A montage shows three people, an older man, a young man and young woman.
Ian Coates, Barnaby Webber and Grace O'Malley-Kumar.
Family handout.

It’s an all too human instinct to seek vengeance against psychopathic killers, especially those murderers of children and youngsters. If we’re honest, we can all feel a primal urge to “get our hands on them”, to inflict, in retribution, the pain, death and suffering that they delivered on their victims and their families. 

That must be why, shortly after his sentencing, the murderer of the three little girls at a dance class in Southport - Elsie Dot Stancombe, Alice da Silva Aguiar, Bebe King – was reported to have been beaten to a pulp by fellow prisoners. It went momentarily viral with the help of the likes of former support-actor Laurence Fox, who writes in short sentences because he thinks in them, claiming he’d heard it “on the grapevine”.  

The story was only slightly undermined by such giants of investigative reporting getting the jail where the convicted prisoner is incarcerated entirely wrong. 

It’s a kind of wishful thinking, if a herd can be said to think. It’s also why we have a rule of law in what we aspire to call a civilised country. It’s there to bring such perpetrators to justice, while ensuring that justice isn’t impaired by the wholly understandable desire of victims’ families to tear their killers to pieces and the knuckle-dragging, social-media lynch mob who think they know what justice looks like. 

Hard for anyone to know how to respond to this. It’s perhaps particularly challenging, for fear of being intrusive and trite, to see how a religious faith can respond. But I want to have a go. And to avoid those charges of hand-wringing solipsism, I won’t speak of hope and love and life in this context, which so often feels like throwing a handful of seeds into a raging storm.  

Rather, I think I want to ask what fulfilment of the law might look like. The full 240-page report into the killing In Nottingham in June 2023 by a paranoid schizophrenic of two 19-year-old students, Barnaby Webber and Grace O’Malley-Kumar, and separately a 65-year-old man, Ian Coates, has been published. Not unnaturally, the headline theme has been that the killer “got away with murder” through a series of chaotic failings by the NHS, in its discharges of its patient into the community, in its absent risk management and failures to medicate him adequately. 

Culpability for these crimes is a powerful driving force. But there’s something else going on here. After the report’s publication, the two young victims’ mothers, Sinead O’Malley-Kumar and Emma Webber, went on BBC Radio 4’s Woman’s Hour for an extended interview. And, yes, of course they share a campaigning spirit to change the health system so that this kind of tragedy is less likely to happen again. But Emma said that they’re “not witch-hunting with pitchforks” and Sinead observed with crystal clarity that “systems are made up of people”.  This was about human as well as systemic change. 

The go-to journalistic word here is “dignity” and, yes, these two mothers have it in bucket-loads. But, as I say, there’s something else. Struggling to identify it, I come up with the phrase that life goes on – and not in its platitudinous sense of bucking up and getting on with what’s left to us. There’s a feeling of continuation, not just of ending, dreadful as those endings are for families.  

Asked by interviewer Anita Rani (who, in passing, was first class) what sustained them, where their strength came from, Emma answered in a heartbeat “Barnaby”, adding quickly in a heartbreaking throwaway: “It’s that invisible umbilical cord.” Similarly, Sinead said she was strengthened on a “bad day” by the knowledge that she was “doing it for Grace.” 

They know, absolutely, that they can’t change what happened, but they’re there for each other. And not just these two mothers. Bereaved parents from Southport have been in touch, as they said, in “awful solidarity.” 

A solidarity unconfined to this dreadful cadre of the violently bereaved. When these two mothers visited Nottingham for a vigil for their lost children, they expected “maybe 50” to turn up. In the event, there were “thousands and thousands” in Market Square.  One of the two said simply: “There’s more good than bad out there.” Life goes on. Again, not in the sense of pulling your boots up and making the best of it, but in the sense of acknowledging that this is not all there is, that we’re working towards something infinitely better. 

I think that’s what fulfilling the law might mean. Not solely changes to human systems, but changes in humanity. And perhaps that makes some sense of the gospel line: “I’m come not to destroy the law, but to fulfil it.” Not just to fulfil prophecy; not just to improve legal processes, but to fulfil the immutable laws of humanity for which these two mothers – and so many others around them – work so tirelessly.  

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Article
Assisted dying
Comment
Justice
5 min read

Will clinicians and carers objecting to assisted death be treated as nuisances?

The risk and mental cost of forcing someone to act against their conscience.
A tired-looking doctor sits at a desk dealing with paperwork.
Francisco Venâncio on Unsplash.

After a formal introduction to the House of Commons next Wednesday, MP’s will debate a draft Bill to change UK legislation on Assisted Dying. Previously, a draft Bill was introduced in the Scottish Parliament in March 2024, and is currently at committee stage. Meanwhile, in the House of Lords, a Private Member’s Bill was introduced by Lord Falconer in July and currently awaits its second reading. These draft Bills, though likely to be dropped and superseded by the Commons Bill in the fullness of time, give an early indication of what provision might be made on behalf of clinicians and other healthcare workers who wish to recuse themselves from carrying out a patient’s end of life wishes on grounds of Conscientious Objection.  

There are various reasons why someone might want to conscientiously object. The most commonly cited are faith or religious commitments. This is not to say that all people of faith are against a change in the law – there are some high-profile religious advocates for the legalisation of Assisted Dying, including both Rabbi Dr Jonathan Romain and Lord Carey, the former Archbishop of Canterbury. Even so, there will be many adherents to various faith traditions who find themselves unable to take part in hastening the end of someone’s life because they feel it conflicts with their views on God and what it means to be human. 

However, there are also Conscientious Objectors who are not religious, or not formally so. Some people, perhaps many, simply feel unsure of the rights and wrongs of the matter. The coming debates will no doubt feature discussion of how changing the law for those who are terminally ill in the Netherlands and Canada has to lead to subsequent changes in the law to include those who are not terminally, but instead chronically ill. The widening of the eligibility criteria has reached a point where, in the Netherlands, one in every 20 people now ends their life by euthanasia. This troubling statistic includes many who are neurodivergent, who suffer from depression or are disabled. It is reasonable that, even if a Conscientious Objector does not adhere to a particular religion, they can be allowed to object if they feel uneasy about the social message that Assisted Dying seems to send to vulnerable people.  

“You will often find that legislation that provides a right to conscientious objection is interpreted by judges these days in a way that seems to treat conscientious objectors as nuisances” 

Mehmet Ciftci

  Conscientious Objection clauses can themselves send a social message. A response to the Scottish Bill produced by the Law Society of Scotland notes concern over the wording of the Conscientious Objection clause, as it appears to be more prescriptive in the draft Bill than in previous Acts such as the Abortion Act of 1967. In the case of any legal proceedings that arise from a clinician’s refusal to cooperate, the current wording places the burden of proof onto the Conscientious Objector, stating (at 18.2):  

In any legal proceedings the burden of proof of conscientious objection is to rest on the person claiming to rely on it.  

The Bill provides no indication of what is admissible as ‘proof’. Evidence of membership of a Church, Synagogue, Mosque or similar might be the obvious starting point. But where does that leave those described above, who object on grounds of personal conscience alone? How does one meaningfully evidence an inner sense of unease?  

The wording of the Private Member’s Bill, currently awaiting its second reading in the House of Lords, provides even less clarity, stating only (at 5.0): 

A person is not under any duty (whether by contract or arising from any statutory or other legal requirement) to participate in anything authorised by  this Act to which that person has a conscientious objection. 

Whilst this indicates that there is no duty to participate in assisting someone to end their life, there remains a wider duty of care that healthcare professionals cannot ignore. Thus, a general feature in the interpretation of such conscience clauses in medicine is that that the conscientious objector is under an obligation to refer the case to a professional who does not share the same objection. This can be seen in practice looking at abortion law, where ideas around conscientious objection are more developed and have been tried in the courts. In the case of an abortion, a clinician can refuse to take part in the procedure, but they must still find an alternative clinician who is willing to perform their role, and they must still carry out ancillary care and related administrative tasks.  

Placing such obligations onto clinicians could be seen as diminishing rather than respecting their objection. Dr Mehmet Ciftci, a Researcher at the McDonald Centre for Theology, Ethics and Public Life at the University of Oxford comments:  

You will often find that legislation that provides a right to conscientious objection is interpreted by judges these days in a way that seems to treat conscientious objectors as nuisances who are just preventing the efficient delivery of services. They are forced to refer patients on to those who will perform whatever procedure they are objecting to, which involves a certain cooperation or facilitation with the act. 

This touches everyone, even those who (if the Bill becomes law) will still choose to conscientiously object. Therefore, it is important to consider that the human conscience is a very real phenomenon, which means that facilitating an act that feels morally wrong can give rise to feelings of guilt or shame, even if one has not been a direct participant.  

Psychologists observe that when feelings of guilt are not addressed, if they are treated dismissively or internalised, this can significantly erode self-confidence and increase the likelihood of depressive symptoms. But even before modern psychology could speak to the effects of guilt, biblical writers already had much to say on the painful consequences of living with a troubled conscience. In the Psalms, more than one ancient poet pours out their heart to God, saying that living with guilt has caused their bones to feel weak, or their heart to feel heavy, or their world to feel desolate and lonely.   

If the Conscientious Objection clauses of the new Bill being proposed on Wednesday are not significantly more robust than those in the draft Bills proposed thus far, then perhaps that is something to which we should all conscientiously object? There is much to discuss about the potential rights and wrongs of legalising Assisted Dying, but there is much to discuss about the rights and wrongs of forcing people to act against their consciences too.