Terminally Ill Adults (End of Life) Bill
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The Deputy Speaker (Baroness Scott of Needham Market) (LD)
My Lords, after the Leader of the House has spoken, I will call the noble Lord, Lord Shinkwin, who is taking part remotely.
The Lord Privy Seal (Baroness Smith of Basildon) (Lab)
My Lords, before other noble Lords contribute, I thought it would assist the House if I said a few words about the procedure and timings for this debate and the Government’s position.
Turning first to procedure, I remind colleagues that this debate should be focused on the narrow subject of the Motion—that is, the time available to debate the Bill. The purpose of the Motion before us is to allow the House to express a view on the time needed. It is not an opportunity to reopen and continue debate on the substance of the Bill and what it does and does not do. So far, as the noble and learned Lord, Lord Falconer, said, we have had two days of Second Reading and many hours of Committee, and there are a further 10 Fridays scheduled for debate. I would also urge noble Lords not to repeat arguments and to keep comments brief so that this debate can conclude in good time.
Secondly, on timings, colleagues will be mindful that the House is due to sit again at 10 am tomorrow morning further to consider amendments to the Bill. Noble Lords will need to come to a decision this evening on the Motion of the noble and learned Lord, Lord Falconer. In light of tomorrow’s sitting time, I hope that the House will not sit too late. If necessary, the Chief Whip or I may return to the Dispatch Box to advise colleagues if it looks as if proceedings are not coming to a timely conclusion.
On the Government’s position on the Bill, as we have said before, the Government are neutral on this issue. This is not a Government Bill but a Private Member’s Bill. Noble Lords are considering whether, in light of the additional Fridays already provided, additional time beyond the usual sitting Friday times should be made available. I know that the House is interested in how the Government will respond to this question if the Motion is passed. I hope that noble Lords will also understand that I am not going to give any commitments at this stage. We will listen to the debate and, if the Motion is agreed, to the views of the House.
If the Motion is agreed, we will have early discussions with colleagues in the usual channels, the House authorities and my noble and learned friend Lord Falconer on the next steps. In considering those next steps, I am clear that the Bill should not take away time available for government legislation. I am sure that we are all very mindful of the impact on the staff of the House and the Members involved in discussions and debates on the Bill. I hope that this is helpful, prior to the consideration of this specific debate on the timings of the discussions to take place.
Lord Shinkwin (Con) [V]
My Lords, I cannot be present in person today because of the snow and the increased risk of fracture should I slip. I am grateful for the opportunity to speak remotely and briefly on the Motion before us. The Motion implies that, despite our already having been generous with our time to an unprecedented degree, as the allocation of so many Fridays between now and 24 April demonstrates, it would somehow be unreasonable not to allocate yet more time.
I suggest that the Motion overlooks the reason why we have had to spend so much time to date considering amendments, for surely, as with any Bill, we can only ever work with what we have been given—in this case, by the other place. The volume of amendments and the time taken to consider them therefore reflect the quality, or lack thereof, of the Bill that was sent to us.
I wonder if we really appreciate the deep gratitude of those who, unlike us, are not privileged, perhaps because they feel vulnerable because of disability or old age, and do not have a voice, so depend on us to consider their concerns. It is surely to our credit that that is exactly what we are doing. We should surely be heartened by how much it is appreciated that we take our duty to scrutinise so seriously. We are simply doing our job without fear or favour as Parliament’s revising Chamber.
In conclusion, I am reminded of a wonderfully wise Scottish saying from the 16th century, which I believe this Bill shows has stood the test of time: “You can’t make a silk purse out of a sow’s ear”. Our procedures are being followed appropriately and reasonably. If any Bill is so poorly drafted and so unsafe, surely the question is not so much whether the Bill deserves more time, but whether yet more time could transform it.
Baroness Smith of Basildon (Lab)
I suggest that noble Lords do not interrupt other noble Lords when they are speaking.
Baroness Jay of Paddington (Lab)
I do not back away from the phrase “heavily criticised”. I cannot believe that anybody in this House who has at least absorbed some of the media coverage of these debates has not accepted that there has been no general agreement about the positions that have been taken, and more importantly, about the way in which some of those positions have been argued. There are, of course, enormous divisions of opinion, as there have always been, but in this House, they have been—
Baroness Stowell of Beeston (Con)
Before the noble and learned Lord makes his decision whether to press his Motion, I simply wanted to ask the Leader of the House whether, if this Motion is passed, she believes that a new form of procedure has then been created by this House. It will no longer really be a Private Member’s Bill. We will have a situation where, as a Back-Bencher, the noble and learned Lord will have demonstrated that it is possible to take control of the scheduling of business in this House. As there have been a lot of very positive contributions both from the noble and the learned Lord and from others in response to this Motion and a desire for this House to change the way in which it is dealing with this Bill, would it be better for him to withdraw the Motion rather than create a new situation?
Baroness Smith of Basildon (Lab)
The noble Baroness asks me to respond. I do not know if she was here at the beginning, when I first commented, but I was very clear that the House will be making a decision on what it thinks. If the House makes a decision that it wishes to have extra time, then it will be a matter for discussion in the usual channels to see if that is available. That is not a new procedure. I was also very clear that it is not open to the Government to provide government time for this Bill; this is a Private Member’s Bill. But the usual channels, both government and opposition, and all parties, will listen to what the House has to say and reflect on that.
Lord Falconer of Thoroton (Lab)
My Lords, I agree with every single word the Leader said. I beg to move the Motion standing in my name on the Order Paper.