Terminally Ill Adults (End of Life) Bill Debate

Full Debate: Read Full Debate
Department: Department of Health and Social Care

Terminally Ill Adults (End of Life) Bill

Lord Moore of Etchingham Excerpts
Friday 24th April 2026

(1 day, 9 hours ago)

Lords Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
--- Later in debate ---
--- Later in debate ---
The proponents of this Bill will say that there is nothing in it that says that. However, unless we can help people come to terms with their fears, when we talk about the people who are upset by the non-passing of this Bill, let us remember those people who are terrified by the proposal.
Lord Moore of Etchingham Portrait Lord Moore of Etchingham (Non-Afl)
- Hansard - -

I begin by making apology to the most reverend Primate the Archbishop of Canterbury. When I was shouting to be heard, I did not realise that she was standing. I apologise for that.

I would like to bring the debate back to the question of the process and remind us that the noble and learned Lord, Lord Falconer, when moving his amendment, began by talking about the pressure of public opinion. It is obviously a very important subject—and it has been in relation to that that much of this debate has taken place. I took part in a debate with the noble and learned Lord before the Bill came to this House, which was published in the Spectator. At the time he said that

“opinion polls shouldn’t determine whether or not parliament passes this. People should look at the details of how the thing works and say whether or not we can improve it”.

That is what we have been doing. It is not right to say that everybody has just kept on expressing their own views.

Lord Falconer of Thoroton Portrait Lord Falconer of Thoroton (Lab)
- Hansard - - - Excerpts

The point that has been made repeatedly in this House is that public opinion is in favour of this Bill and the Commons has passed it. Therefore, we have a duty to get through our business. Does the noble Lord agree?

Lord Moore of Etchingham Portrait Lord Moore of Etchingham (Non-Afl)
- Hansard - -

I accept that that is the argument made by the noble and learned Lord. However, the argument I am trying to make here in a limited time is about public opinion and its effect and how we should regard it. When the noble Lord, Lord Barber, said that we have a privilege here, he was right, but I think that he was criticising the privilege in the wrong way. We must exercise that privilege because, unlike most people in this country, we have been able to consider the Bill at great length. We owe it to those people to consider it seriously and to consider all its elements and effects.

I can just testify for myself—because I am not an expert on the subject—but I have learned a tremendous amount in these discussions. I understood the broad arguments of principle before these discussions, but I have just re-read the Explanatory Notes that the noble and learned Lord and others issued about the Bill when it began. The three words “National Health Service” hardly appear in them. This was the big revelation to me and, I think, to many people. It is a matter not just of what you deeply believe about this very important issue—choice versus wider sanctity of life and so on—but of what will happen to the most important public service in this country and all the ramifications of that.

It is quite wrong to speak of a small minority of people who have been constantly agitating within the House. I do not know who those people are, but I know that many noble Lords on both sides, certainly on the side that is critical of the Bill, are very learned people on the subject of the effects on the National Health Service—for example, the noble Lord, Lord Stevens, and the noble Baronesses, Lady Cass and Lady Hollins. It is very important that they be heard and understood.

I sometimes think the Bill would be clearer if it were entitled the Terminally Ill Adults National Health Service (Assisted Suicide) Bill, because it is not just about assisted suicide. It is about how it would be carried out. It would be carried out by the National Health Service in almost all cases, so we need to debate its costs, its professional conflicts and all the difficult questions that arise. We have been doing that.

I come back, therefore, in justification of what we have all, on both sides, been trying to do. This is described accurately as a conscience Bill. If you have a conscience about something, you must be confident that the result will be safe. If it is not, how could you possibly not object to it? How could you just say, “Oh, well, there we are”? I do not think you can. In his opening remarks, the noble and learned Lord, Lord Falconer, said that the Bill has not failed on its merits, and I agree with him. It has failed on its demerits, and it is those that many of us cannot in conscience support.

Baroness Andrews Portrait Baroness Andrews (Lab)
- View Speech - Hansard - - - Excerpts

My Lords, this is a very difficult day for this House. It is a profound day, and that has been reflected in extraordinary speeches, but it is a devastating day for people who invested hope that this House would follow the democratic lead of the other place and improve and vote for this Bill.

I am grateful to follow the noble Lord, Lord Moore of Etchingham, because there is one thing on which I want to take issue with him. On 27 March, he said there was “a big moral gulf” in this House between the two sides. I could not disagree more. We disagree on many aspects of the Bill—for example, I disagree with my dear friend, the noble Lord, Lord Deben, that it should have been a government Bill; I think there would have been an outcry if it had been a government Bill—but we are not divided on morality. We find different ways to approach grace. I am particularly glad that we have the most reverend Primate with us today and have listened to her words of reconciliation, because that is what this House has always been about.

Noble Lords will forgive me for a bit of history, but I was the responding Minister on the first Bill on assisted dying in this House in 2005. I remember very well what the noble Lord, Lord Baker, said—several people who are still in this House were there. It was the first time we had ever debated it. What marked that debate in 2005 was a generosity of spirit and a gentleness of approach that took every single view of this House into respectful consideration. That was true of the two other Bills we had in 2014 and 2016. We have never had a debate in this House that has been contested, where views have been challenged for the reasons that they have been held. This Bill has been different in so many ways. The tone of our debate has been pretty awful at times. We have not paid the respect we should have paid to what we have heard—and we have all learned a lot.

I also disagree with the noble Lord, Lord Deben, because I think this Bill is the best Bill we have ever had, not least because it has embedded legislation that has become tried and tested over the years—the Mental Capacity Act, for example. We have listened to the patient voice. We know more about patient safety than we did 20 years ago. We have the experience of many other countries.

When I stood at that Dispatch Box, hardly any of the medical colleges supported that Bill. They were sceptical and some were hostile. Public opinion was very ambivalent; it has moved. Medical opinion has moved to a position of more neutrality.