Terminally Ill Adults (End of Life) Bill

Debate between Lord Falconer of Thoroton and Lord Moore of Etchingham

Committee stage
Friday 23rd January 2026 Lords Chamber

[Lord Falconer of Thoroton (Lab)]

First of all, there is absolutely no need to apologise for not being a lawyer; some of my best friends are non-lawyers. Secondly, this very thing was very closely considered, hence the provision in the Bill to say that, if there are complications, let us try to agree in advance what we should do. We will not, I am sure, be able to cover every complication, hence the questions from the noble Baroness, Lady Finlay, and the noble Lord, Lord Stevens. The answer is clear and beyond doubt—hence the reference to the need to address the question of complications—that the doctor should do what the doctor is always obliged to do, which is to save life.

[Lord Moore of Etchingham (Non-Afl)]

Forgive me if I have misunderstood the noble and learned Lord, but what about the situation in which the patient does not die, is conscious and says, “I still want to die”? What is the doctor supposed to do at that point?

[Lord Falconer of Thoroton (Lab)]

The doctor cannot administer a substance. It has to be done by the patient, because the doctor has no right to kill. If the patient is saying, “No intervention”, then there will be no intervention at that particular point. The key thing about this is that it is assisting somebody to take their own life.

[Lord Moore of Etchingham (Non-Afl)]

The patient could say, if capable of action after having woken up from taking the poison, “I want more poison, give me some”. If that happened, what would the doctor’s duty be?

[Lord Falconer of Thoroton (Lab)]

If the person said, “I will take more poison”, then the person can do that. It is perfectly permissible.