Right to die case: Man loses court bid   ...   and quite right too says Gene       

Image caption Noel Conway, 67, is a retired college lecturer

A man with terminal motor neurone disease has lost a High Court bid to challenge the law on assisted dying.

Noel Conway, 67, who was diagnosed in November 2014 and is not expected to live beyond 12 months, said he should be free to determine his own death.

Mr Conway, of Shrewsbury, had told the court at a previous hearing he faces an "unbearable death" because of the law.

Speaking after the hearing he said he would appeal against the court's decision.

It is the first case to be heard since the law was challenged in 2014 and 2015.

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Image copyright NOEL CONWAY

Image caption Before his illness Noel Conway was a keen skier, climber and cyclist

Mr Conway had hoped to bring a judicial review that could result in terminally ill adults who meet strict criteria, making their own decisions about ending their lives.

His counsel, Richard Gordon QC, told the court that when he had less than six months to live and while he retained the mental capacity to make the decision his client "would wish to be able to enlist assistance to bring about a peaceful and dignified death".

Mr Conway was seeking a declaration that the Suicide Act 1961 is incompatible with Article 8 of the Human Rights Act 1998, which relates to respect for private and family life, and Article 14, which enables protection from discrimination.

'Risk incriminating loved ones'

He was not in court in London to hear Lord Justice Burnett and Mr Justice Jay rule he did not have an arguable case to go forward.

However, Mr Justice Charles disagreed and said permission should be granted.

Mr Conway, who is married with a son, daughter, stepson and grandchild, said he was "very disappointed" with their ruling.

"[But] I will not be deterred and will be appealing this decision," he said.

He said he has "come to terms" with fact he is going to die, but does not accept being "denied the ability to decide the timing and manner of my death".

"The only alternative is to spend thousands of pounds, travel hundreds of miles and risk incriminating my loved ones in asking them to accompany me to Dignitas," he said.

Image copyright FERGUS WALSH/ BBC

Image caption Noel Conway and his wife, Carol, at home in Shropshire

Lord Justice Burnett said it remained "institutionally inappropriate" for a court to make a declaration of incompatibility between pieces of legislation, irrespective of personal views.

He added: "My conclusion does nothing to diminish the deep sympathy I feel for Mr Conway, his family and others who are confronted with the reality of living and dying with incurable degenerative conditions such as motor neurone disease.

Sarah Wootton, chief executive of campaign group Dignity in Dying, which is supporting Mr Conway's case, said the law "simply does not work".

"Parliament has so far ignored the pleas of dying people like Noel and the overwhelming majority of the public who also support a change in the law," she said.

Ms Wootton said a Crowdfunder appeal had been launched to help cover Noel's legal costs and it had "received incredible support".

Image copyright PA

Image caption Noel Conway arrives at a previous hearing at the Royal Courts of Justice in London with his wife Carol (right) and stepson Terry McCusker (left)