A man with motor neurone disease who is fighting to change the law on assisted suicide has described the Government response to his case as "callous".

Phil Newby, 48, is waiting to see if the High Court will hear his arguments in full.

The Ministry of Justice is fighting the case. It's lawyers have responded to the court with a document that includes the argument that it is already legal for a person to starve themselves to death - a position Mr Newby's family have described as shocking.

Image: The government claim Mr Newby is able to refuse food in order to die

Since his diagnosis with motor neurone disease five years ago his condition has deteriorated and he is now unable to walk or perform day to day tasks without the help of his wife.

Speaking at his home in Rutland Mr Newby, who is a father of two teenage daughters, described his fears about the future.


"It's a horrifying prospect being locked in to this body with no capacity to move, under constant care, with a brain that functions equally well as it does today," he said.

"The current choices that I have are appalling. They are taking my own life at home and risking implicating my family in something that's illegal. They are going abroad and dying in a foreign country before my time is up or they are just letting the disease take control and suffering a long a protracted death.

"A slightly less terrible option is being allowed the choice to go at a time of my choosing."

His lawyers are asking to High Court to look at the evidence on assisted dying in more detail than ever before, including the cross examination of expert witnesses by judges.

A lengthy response from the Ministry of Justice includes the argument that "the law does not prevent a person from acting autonomously in his own capacity in refusing life-sustaining nutrition, hydration or treatment."

Mr Newby's wife, Charlotte, told Sky News: "I think that's an utterly shocking thing to say to somebody. You can starve yourself to death and refuse water and that's solved the problem."

Image: Mr Newby has motor neurone disease

Phil agrees.

"We've often said that the law is cruel but this must get into the territory of it being callous and it's a really, really tough view for the government to take," he said.

The document also includes acknowledgement from the Government's lawyers that "the tragic and distressing circumstances that have befallen Mr Newby can only evoke deep sympathy".

A Ministry of Justice spokesperson told Sky News: "We have the deepest sympathies for families in these terrible circumstances.

"This is a matter of individual conscience and so any change in the law is for Parliament to decide rather than Government policy."

The medical profession remains split on the issue.

Should assisted dying be legal in the UK?

Earlier this year following a poll of its members the Royal College of Physicians dropped its opposition to assisted dying and has now adopted a neutral stance.

The Royal College of GPs is starting a consultation with its members over whether they would support a change in the law with a decision expected early next year.

But the majority of palliative care doctors, who provide end of life care to patients, oppose assisted dying.

Dr Amy Proffit, executive secretary for the Association for Palliative Medicine told Sky News: "What I would argue is no change in the law is required because this is a minority of people who are requesting it - those that can stand up in a room and discuss their distress.

"But that doesn't give a safe protection of the vulnerable in society - the elderly, those with disabilities, those with dementia that can't have their voice heard and that is what the law is there to protect.

"To mandate that I would have to administer this for a patient that requested it really changes the dynamic of how I would deal with my patients and there are other ways that we can relieve suffering, much better ways that we can relieve suffering, without assisting someone's suicide."