Column
Comment
General Election 24
Politics
4 min read

Who’s right when hurling charges of hypocrisy?

Accusations highlight the risk of self-deception.

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

A newspaper headline, text and an image of the subject of the article.
Ashcroft's charge against Raynor.
David Yelland, X.

Lord Ashcroft launched an extraordinary new attack on Labour’s deputy leader, Angela Rayner, in the Mail on Sunday at the start of this week, claiming that his investigation into where she lived, allegedly for tax purposes, was never about money. 

“Hypocrisy was always the charge against Angela Rayner,” he intoned, “not tax avoidance… And the stain will dog her for years to come.” 

Leaving aside whether stains dog people or the other way around, this is extraordinary not because Ashcroft attacks a senior Labour figure – day follows night, etc – but because it’s the sort of volte face that journalists call a reverse ferret. 

Had Rayner been found by investigating police officers to have committed a tax-fraud or electoral offence (and, to be clear, they didn’t), we need to ask ourselves whether Ashcroft would have run with the same line.  

Imagine: “Angela Rayner has committed a crime, but this is really about hypocrisy.” Do you think he’d have gone with that? Neither do I. 

Usually, charges of hypocrisy are levelled at politicians who use social privileges to which they’re opposed in principle. 

Hypocrisy is invariably the charge when there’s nothing else to go with. And that must raise questions about what hypocrisy really is. 

It’s clearly not just about telling lies. In the first televised debate this week between Rishi Sunak and his rival for premiership, Keir Starmer, the former repeatedly (12 times) claimed that Treasury officials had independently calculated that the latter’s spending plans would add £2,000 to the tax bill of every family in the UK. A published letter subsequently showed that the Treasury had specifically told the Government that this figure was bogus and not to be used. 

Was this hypocritical? No, it was just plain wrong – in the sense of both inaccurate and immoral. The opportunity for hypocrisy came when both leaders were asked whether they would use private healthcare for a family member in need. Sunak said he would; Starmer said he wouldn’t. If Starmer now ever uses private health facilities, Mr Hypocrisy will be ringing his door bell. 

From this, we deduce that hypocrisy is pretending to be what you’re not. So Donald Trump poses as a great statesman, the saviour of his nation, but goes down for all 34 felony charges of falsifying accounts to hide his pay-off of former porn actor Stormy Daniels, in order to protect his electoral prospects. That’s hypocrisy, precisely because he’s pretending to be someone he isn’t. 

That hypocrisy is exacerbated when Trump holds up a Bible to support his authority – or, indeed, publishes his own. Likewise, when a rich TV evangelist is convicted of sexual abuse (there are, tragically, too many examples to choose from).  

By contrast, is Rayner pretending to be something she isn’t because her family has used two properties? Very probably not. Similarly, we might like to ask whether SNP deputy leader Kate Forbes is a hypocritical politician because she’s a Christian, or a hypocritical Christian because she’s a politician. Very probably neither. Being both is who she is. 

Usually, charges of hypocrisy are levelled at politicians who use social privileges to which they’re opposed in principle. Like when Labour MP Diane Abbott sent her son to a fee-paying school. Private education, like private healthcare, is only meant to be available to those who support it ideologically, rather than just financially. Otherwise, it’s hypocrisy. 

The problem here is the presumption that the private sector is only available to those who endorse it. So it’s hypocritical for socialists to use it. But that presumption moves very close to the view that working people should know their place (a social order, incidentally, that the Christian gospel defies). 

There is no inconsistency – and consequently there can be no hypocrisy – in wanting the best for our own children, while concurrently wanting the best for all children. One might even call such a policy something like levelling-up, should such a thing exist. 

We may not know what Angela Rayner’s shortcomings are, but simply having them doesn’t make her a hypocrite.

A biblical definition of hypocrisy might be the hiding of interior wickedness under an appearance of virtue. In Matthew’s gospel, it’s the charge levelled at Pharisees whose good deeds are entirely self-serving. 

In this manner, moral theology would point to hypocrisy being the fruit of pride. But simply to hide one’s own shortcomings isn’t necessarily to be construed as hypocrisy, because there’s no moral obligation to make them public.  

In that context, we may not know what Angela Rayner’s shortcomings are, but simply having them doesn’t make her a hypocrite. Otherwise, we’re all hypocrites (and there may be some truth in that). 

It reduces to resisting the temptation to point to the mote of hypocrisy in our neighbour’s eye, while failing to attend to the beam in our own. That would also be to avoid self-deception. The kind of deception that pretends that one’s actions are in the public interest, when clearly they are only serving your own. Which, neatly enough, brings us back to Lord Ashcroft. 

Article
Assisted dying
Comment
Politics
7 min read

Assisted dying hasn’t resolved Swiss end of life debates

Despite attempts to normalise it, new challenges still arise.

Markus is Professor of Moral Theology and Ethics at the University of Fribourg, Switzerland.

A single bed, wiith an unmade colourful duvet stands in the corner of a room. A hoist reaches over it from the corner.
The dying room, Dignitas Clinic, Zurich.
Dignitas.

While countries such as Germany, France or the UK are currently struggling to find a suitable regulation for assisted suicide, their peers in the Netherlands, Canada and Switzerland have years of experience with the controversial medical practice. Even if each state must explore its own ways of dealing with these ethically controversial issues, it is obvious that international experience should not be ignored as they try to find a way forward.  

In Switzerland the discussions and challenges surrounding assisted suicide are increasing rather than decreasing. Contrary to the idea that a liberalisation of assisted suicide would lead to fewer debate, tensions and difficulties are increasing.  My observation, and thesis, indicates that practices such as assisted suicide cannot be “normalised”, even in the medium and long term. 

Developments 

In recent years, one to two per cent of all deaths in Switzerland were due to assisted suicide.  From an overall perspective, this practice is therefore still a marginal phenomenon. However, a look at the total number of assisted suicides per year gives a different impression, as this has increased more than fivefold in the years between 2008 and 2020, from an initial 253 to 1,251 deaths per year, a rising trend. The cause of death statistics for Switzerland only include those cases of assisted suicide in which persons resident in Switzerland were involved and the death was reported to the authorities. According to the Swiss Federal Statistical Office, in 2020, it was mainly people over the age of 64 who made use of assisted suicide. Detailed information on the underlying illnesses of the people affected in 2018 shows that about 40 per cent were affected by cancer, just under 12 per cent by diseases of the nervous system, a further 12 per cent by cardiovascular diseases and just over a third by other illnesses, including dementia and depression. There are currently seven right-to-die organisations in Switzerland which play a leading role in a typical assisted suicide procedure. They work closely with doctors who are prepared to prescribe a lethal drug, generally Pentobarbital. The data reflects an ambivalent picture: on the one hand, the proportion of assisted suicide cases is relatively low in relation to all deaths and, for example, in comparison to the large number of people who die in Switzerland in a state of deep sedation until death; on the other hand, the number of assisted suicides in Switzerland has risen sharply in recent years.  

Perceptions and assessments 

Since the 1990s, the public perception and assessment of assisted suicide in Swiss society has changed from an initially cautious and sceptical attitude towards broad acceptance. While the debates in other countries are characterised by relatively sharp controversies between those in favour and those against, public discourse in Switzerland has been less polarised. There are indications of a certain normalisation of the situation, the strongest sign is that Switzerland has so far refrained from regulating assisted suicide in a separate law. The results of a recently-published study on the opinions of Swiss people over the age of 55 regarding assisted suicide confirm these impressions.: The survey showed that over four-fifths of respondents support legal assisted suicide, almost two-thirds can imagine asking for assisted suicide themselves at some point, and that almost one-third are considering becoming members of an right-to-die organisation in the near future, with one-twentieth of respondents already being members at the time of the survey in 2015. Among people with a higher level of education and older people aged between 65 and 74, approval of assisted suicide and corresponding practices was higher than among less educated, younger and very old people; approval was also significantly lower among religious practitioners. 

Sensitive topics  

The fact that assisted suicide enjoys broad support in Swiss society as a whole does not mean that there are not difficult and controversial aspects relating to its practice. Relevant topics include, in particular, places of death, authorisation criteria and procedures. 

Places of death: Assisted suicide is permitted also for mentally ill persons in psychiatric clinics, but the federal court recommends great caution here and requires two psychiatric expert opinions to ensure that the person willing to die is capable of judgement with regard to the desire to commit suicide. Although assisted suicide for children and adolescents has hardly been an issue in Switzerland to date, the corresponding debates are currently being held in Canada and elsewhere. The question of whether people in prison also have a right to make use of assisted suicide, has been the subject of intense debate in Switzerland for years, with a generally positive response. The question of whether right-to-die organisations should be given access to acute hospitals and nursing homes is still the subject of controversial debate, with regulations varying from hospital to hospital, nursing home to nursing home 

Authorisation criteria: With regard to the admission criteria for persons willing to die, the capacity for judgement is at the centre of attention: while the importance of the criterion is undisputed in itself, there is a struggle for reliable standards and procedures to reliably test this criterion. Since the publication of the SAMS ethical guidelines Management of Dying and Death in 2018, the criterion for end of life and, depending on this, that of unbearable suffering have received new attention due to an objection by the Swiss Medical AssociationFMH. While the guidelines are based on the criterion of unbearable suffering, the FMH wants to stick to the near end of life. It is certainly difficult to diagnose the existence of unbearable suffering, as the international debate on the significance and assessment of existential (neither physical nor psychological) suffering shows. This difficulty is illustrated by the debate that has been going on for several years in Switzerland about so-called old-age suicide and the inherent criterion of tiredness of life. At the centre of the dispute is the legally difficult question of whether a doctor is also allowed to prescribe a lethal drug to a healthy person. 

Procedures: Here the role of the medical profession and right to die organisations is by far the most important issue. In contrast to the physician-centred models in Belgium, Canada and the Netherlands, the Swiss model of assisted suicide is based on the idea that every person has the right to end their life and may call on the help of any other person to do so. Although the medical profession is usually involved in the process, the management of the procedure is normally the responsibility of a right-to-die organisation. This division of responsibilities is always up for debate when legal regulations are being considered, in which doctors should tend to take the lead in the process due to their professional background. There is also a debate about how and by whom compliance with the authorisation criteria should or could be monitored, whereby it remains to be decided whether this should be carried out before or after the death. At present, a certain amount of monitoring takes place following a suicide, insofar as the authorities investigate the cases afterwards. There is also debate as to whether Pentobarbital is a suitable means of suicide, especially if this barbiturate is not administered intravenously but taken orally; there is no knowledge of how many cases are currently administered intravenously and by whom an infusion is then set up. Last but not least, consideration has already been given to the use of lethal drugs, such as helium gas, which can be obtained over the counter. 

Attempts at regulation 

Political efforts to regulate assisted suicide in Switzerland in a more nuanced way than today have been made since the 1990s but have remain largely without consequences to date. In relevant judgements by the Federal Supreme Court or in statements by the Federal Department of Justice and Police, reference is regularly made to the ethical guidelines of the SAMS. These are classified as soft law and are therefore not legally binding, even though their content has become the subject of dispute. The National Advisory Commission on Biomedical Ethics (NCE) had already recommended more far-reaching legal regulation in 2005 as part of a detailed opinion on the subject; in the opinion of the NCE at the time, the review of authorisation criteria, a justifiable regulation of assisted suicide for the mentally ill, children and adolescents and state supervision of right-to-die organisations, should be ensured by law. The question is what form a legal regulation can take that grants the medical profession far-reaching powers but at the same time prevents medical paternalism (in favour of or against assisted suicide). From the perspective of Swiss experience, this is “a square circle”: either the doctors retain the final decision on who receives the barbiturate, or official access rules are established, the review of which does not generally require medical expertise. 

The outlook

In the short and medium term, it can be assumed that the number of assisted suicides in Switzerland will continue to rise. The coronavirus pandemic and the particular difficulties faced by nursing homes during this time are likely to exacerbate this increase. In view of these expectations and the legislative processes in other European countries, pressure is likely to increase in Switzerland to create a legal regulation. Overall, I think politically it will be important to create a legal regulation, in order to ensure legal equality and legal certainty on the one hand and prevention of abuse and expansion on the other. At the centre of social-ethical reflection is the challenge of learning to deal with the pluralism of different ideas of a good death and to develop and establish alternative models to medically assisted dying. The thesis I mentioned at the beginning is confirmed today: assisted suicide in Switzerland can hardly be normalised; new problems, challenges and demands are constantly arising. Suicide, whether with or without the help of another person, always means an existential transgression that defies normalisation.