Terminally Ill Adults (End of Life) Bill

Debate between Lord Harper and Lord Deben
Friday 12th December 2025

(1 day, 6 hours ago)

Lords Chamber
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Lord Harper Portrait Lord Harper (Con)
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My Lords, this is a very sensible group of probing amendments, and it is a pleasure to follow the right reverend Prelate. I will speak to them because the issues raised in this group concerning the difference between where somebody resides and where their GP is registered are exactly analogous to the situation regarding England and Wales, which I raised in an earlier group but have not received a satisfactory answer to.

I will remind the noble and learned Lord of the situation and he can, I hope, respond in a positive way. There are two issues, one of which is the difference between where you reside and where your GP is registered. There are a significant number of people living along the England-Scotland border and the England-Wales border whose place of residence is not the same as where their GP is registered. Therefore, it is very important that the legislation makes it clear that the rules through which you access assisted suicide are governed by where you live, not where your GP is registered. That is important for the reasons my noble friend Lady Fraser set out—in England and Scotland there will potentially be very different legal situations.

As we know from the earlier debate, although the Bill covers England and Wales, the rules governing the detail of how an assisted suicide service will work in Wales will be set by the Welsh Senedd, not the UK Parliament. Therefore, it is important that the Welsh rules apply only to people in Wales, who are governed by a body that is democratically accountable to them, not to people who live in England; otherwise, there would be a massive democratic deficit. It is very important that the noble and learned Lord is clear about how that is going to work.

Secondly, I think the noble and learned Lord said in response to our debate on England and Wales that he and the honourable Member for Spen Valley had had some detailed discussions with the devolved Governments. However, I was not clear from his responses whether those discussions had covered this point. Obviously, they need to take account of the views of not only the devolved Governments but the UK Government—which, for these purposes is actually only the English Government. We need to understand how this is going to work in practice.

As I have said, and in conclusion, this must be got right now, in primary legislation. If we do not get it right now, somebody will have to spend months and years clearing up the mess afterwards, which is one of the things that I had to do when I was the Member of Parliament for the Forest of Dean to deal with the cross-border issues that had not been properly thought through then. This is a valuable set of amendments. I was pleased that that the noble and learned Lord acknowledged, I think last week when the noble Lord, Lord Beith, spoke about this briefly, that these are valid issues that need proper answers. I look forward to hearing them now.

Lord Deben Portrait Lord Deben (Con)
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Could I be vulgarly practical about this, because of a point the noble Baroness mentioned, which is the parallelism with the deposit return scheme that got into terrible trouble? I declare an interest as chairman of Valpak. We had to work through that, so it is burnt into me how extremely damaging it was because it was not decided beforehand. I know that we are talking about much greater issues here but, as I hope the noble and learned Lord will accept, this is a really serious issue; it brought about enormous cost and a vast misunderstanding, and it ended up destroying what the Scottish Government wanted to do. It is a very dangerous precedent. I am sure that the noble and learned Lord will want to make absolutely sure that we do not have a repetition of something that cost vast sums of money, in both the private and public sectors, and that has undermined an important measure ever since.

Lord Harper Portrait Lord Harper (Con)
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That was quite a lengthy intervention, with a number of points. The case raised by the noble and right reverend Lord about a country that we would normally deem not safe is a perfectly reasonable one. But, as I said, my challenge back is this. Is there any offence that people who come from certain countries to which we would not normally return them can commit that is of a level of seriousness that we think should make them immune to being sent back to that country? I believe that there are certain offences that people commit for which it is reasonable that they forfeit the right to stay in the United Kingdom. That is a perfectly reasonable case.

It may be that the wording in these amendments is not entirely perfect, but the argument that we are having is whether, if you come to this country and you commit a serious sexual offence, for example—as in my noble friend’s example—or you murder or rape somebody, you should be able to stay here for ever because the country from which you came is not ideal and we would not normally send you back to it. That is a debate worth having. I think the general public would take a much more robust position in those cases than many Members of your Lordships’ House would feel comfortable with.

Finally, I challenge the Minister, as my noble friend Lord Jackson did, having got in before me, to respond to the points in the debate we had earlier about what the Government will do to bring forward amendments or changes to how they interpret human rights legislation to give them a better chance—I am assuming the Government will not accept these amendments—of removing people who we know the Government would like to get rid of. In the case that my noble friend Lord Jackson set out, it sounded to me as though Ministers were very frustrated—as frustrated as he is. I look forward to the Minister’s reply.

Lord Deben Portrait Lord Deben (Con)
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My Lords, I do not think I could be accused of being extreme on these issues, and therefore I want to apply a very serious matter here. This is an issue that most disturbs people in Britain. There are those of us who are determined to protect a multiracial society, who strongly believe in people living with each other and who are proud to have their grandchildren educated with a wide range of different backgrounds in schools that care about that. We are very concerned when we do not deport people who have been guilty of offences, because it is felt by the majority of people in Britain not to be sensible to keep in this country people who have committed offences.