Today’s title is a quote from Oberst Kurt Steiner, Michael Caine’s character in “The Eagle Has Landed”.
Today’s Daily Mail (https://www.dailymail.co.uk/news/article-11066455/Archie-Battersbees-life-support-treatment-end-2pm-tomorrow-says-harrowing-letter.html) reports upon the recent events in the short life of one Archie Battersbee.
Archie Battersbee’s parents Hollie Dance and Paul Battersbee have been supported by Christian Concern (https://christianconcern.com/comment/archie-battersbee-he-deserves-a-fighting-chance/).
The latest news is that the Government legal Service have referred the case back to the High Court in the light of the UN’s decision to request that the UK government sees to it that no action will be taken until it has reviewed the case.
British Gazette comment: It appears that the Secretary of State, Mr Barclay has been allowing civil service and NHS employees to make the decisions in the sad case.
As to what Mr Barclay should do now is clear:
Wait for the decision of the High Court Judge. If the judge decides that the UN Committee On The Rights Of Persons With Disabilities request should be complied with then doubtless it will be. If the judge decides otherwise doubtless the plaintiffs (Dance and Battersbee) will appeal to the Appeal Court and if needed the Supreme Court.
The costs of this litigation is enormous. In the end, the UN committee will reach a decision one way or the other. They will either support the decision to end life support or they won’t and request that such life support should be retained.
The difficult decision that is the privilege of Mr Barclay’s cabinet rank is this: IF the UN committee requests that such life support should be retained and the boy’s doctors insist that ending the boy’s life is “in his best interests”, then the decision is Mr Barclay’s. He can either do nothing and allow the situation (provision of life support) to continue until physiological developments force a change to the situation OR he can use the Royal Prerogative to issue an instruction to terminate life support in defiance of the UN committee’s wishes. IF he decides on the latter course then he will be accountable to Parliament (and his constituents in North East Cambridgeshire) for his actions. It will (and should) be his decision and his responsibility. Which is how it should be. The NHS employees have got to follow the law. It is the Secretary of State who can avail himself of the Royal Prerogative to do otherwise.