Terminally Ill Adults (End of Life) Bill Debate

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Department: Department of Health and Social Care
Harriett Baldwin Portrait Dame Harriett Baldwin (West Worcestershire) (Con)
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I rise to speak to new clause 14 and amendments (a) and (b) to that new clause. I am honoured to speak after the hon. Member for Rochdale (Paul Waugh). I also thank the hon. Member for Spen Valley (Kim Leadbeater) for working closely with us on the issue of banning advertising. Whatever our views on assisting terminally ill adults to end their lives—and I remain implacably against the potential harms that arise when our society and our imperfect state are given permission to help people kill themselves—I have to acknowledge that there was a majority on Second Reading in favour of the Bill and a majority for closing down debate in the last sitting on Report.

Thinking ahead to the possibility that this Bill might get on to the statute book, I hope that everyone participating in the debate will recognise that we should not allow the services of the organisations that will arise from the legislation to advertise on television, online, on posters, on TikTok or on any platform that our constituents may see.

We can all imagine a scenario where, if the Bill passes without the House agreeing to new clause 14, independent contractors and not-for-profit firms, and perhaps even the NHS, will be able to advertise to potential customers, for instance on afternoon television. Can you imagine a situation, Madam Deputy Speaker, where, while watching a repeat episode of “One Foot in the Grave”, an advert runs for a funeral plan company, and is then followed by an advert for an organisation offering services to make it easier to have an assisted death?

Members may think the situation I am painting is merely hypothetical, but in Belgium, in fact, the Government themselves are running online adverts featuring young, healthy women at a yoga class talking about how they are worried about granny’s situation, and discussing whether they have considered telling her about the option of assisted dying.

I am grateful to the hon. Member for Spen Valley for tabling new clause 14. It is not perfect, but she and I have had a lot of discussion about the wording. I also support the intention behind amendments (a) and (b) to new clause 14. It is important that Ministers confirm—as we have heard before, and as I hope we will again today—that encouraging assisted dying under the Bill remains a crime under section 2 of the Suicide Act. However, this requires showing intent to encourage, and adverts might be framed so that they are not so intended, so a specific provision on advertising is needed in this legislation.

I am also concerned about the scope of some of the exceptions in unamended new clause 14. I am grateful that the example set out in subsection (2) does not refer to potential service users, but there is nothing preventing the Secretary of State from exercising Henry VIII powers to exempt them, and doing so would negate the point of the prohibition. I would be grateful if the Minister would confirm that the power will not be exercised to create exceptions for adverts targeted at potential service users.

It is the case, as the hon. Member for Rochdale mentioned, that a number of advert bans already exist on the face of legislation, such as the Cancer Act 1939, the Surrogacy Act 1985 and the Tobacco Advertising and Promotion Act 2002. Such bans are set out clearly on the face of those Acts.

I hope the matter can be resolved. I hope the House today will, at a minimum, support new clause 14. I hope that the House will also support the strengthening amendments, which I endorse. I hope that Ministers will confirm that these powers will never be used to create an exemption to section 2 of the Suicide Act in order to partially allow encouragement of assisted dying, as I think it would defeat the whole point of the provision.

Alison Hume Portrait Alison Hume (Scarborough and Whitby) (Lab)
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I rise to speak in favour of new clause 15, which clarifies that an assisted death would not be classified as an unnatural death and that a full coroner’s inquest would not normally be required.

My constituent Antony Shackleton lived with motor neurone disease for six long years. As his condition worsened, his options narrowed until there was only one choice that preserved his dignity, autonomy and peace: to travel to Dignitas in Switzerland and end his suffering on his own terms. Louise, as his wife of 25 years, and someone who had known him since the age of 18, did what any loving partner would do: she stood by him. She helped him on to that plane and held his hand through the most difficult decision of their lives, and now, for that act of love, she is under police investigation.

That is precisely why we need new clause 15. If the Bill is passed, assisted dying would be a legal, strictly regulated and monitored choice made by the individual concerned.

Jess Asato Portrait Jess Asato
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I recognise that the situation facing my hon. Friend’s constituent is awful, but we are here today to balance such situations with the choices of people who may not be loved as dearly as him. Our concerns would be about the fact that many of these killings could be mercy killings, and if there is no recourse to the coroner, some people may be taking their own lives under coercion and pressure that may never be discovered, because the full law will not be applied.

Alison Hume Portrait Alison Hume
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New clause 15 particularly addresses the role of coroners. Coroners investigate deaths in which there is a reasonable suspicion that the deceased has died a violent or unnatural death, where the cause of death is unknown, or if the deceased died while in custody or state detention. This is not the case with an assisted death, and there would already be strong safeguards in place, including multiple layers of oversight and assessment. The process is cautious, thorough, and heavily safeguarded. There is no need to investigate an assisted death, as it is not unnatural. In this country, it is still a crime to help someone die peacefully and with dignity, even when they are suffering unbearably from a terminal illness.

Simon Opher Portrait Dr Opher
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Will my hon. Friend give way?

Alison Hume Portrait Alison Hume
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I will make some progress, thank you.

It is still a crime, even when the person is of sound mind and even when it is their deeply considered wish. Anthony wanted a good death—he wanted to die peacefully and with grace, without pain and without profound suffering. He got that in a foreign country, far from home and far from family, because our laws force people like him to make that desperate journey abroad. That is why I support this Bill and, in particular, new clause 15, as there is no need for coroners to investigate an assisted death.

Rachel Taylor Portrait Rachel Taylor (North Warwickshire and Bedworth) (Lab)
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One of my constituents told me of her mother’s pain in her last few months of suffering. It was so painful that she could not bear to be touched by my constituent or her brother. Now, both my constituent and her brother are facing post-traumatic stress disorder because of the difficult situation they witnessed while their mum was dying. Does my hon. Friend agree that if they had helped her to die in the way that this Bill allows, they should not then be subject to a coroner’s investigation? It is not going to help them, and it is not going to help their mother.

Alison Hume Portrait Alison Hume
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My hon. Friend makes a powerful case on behalf of her constituent. New clause 15 is a compassionate and practical clause, ensuring that the Bill works not only for the individual making the choice, but for the families they leave behind. Let us not turn our backs on people like Anthony and Louise; let us not make criminals out of the compassionate. The death of a loved one is always difficult. When someone has gone through the legal and safeguarded process of assisted dying, it is not right that their family should face an unnecessary, potentially lengthy and distressing coroner’s investigation.

Simon Opher Portrait Dr Opher
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Will my hon. Friend give way?

Alison Hume Portrait Alison Hume
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I am coming to my conclusion. New clause 15 will protect bereaved families such as that of my constituent Anthony, and therefore I urge hon. Members to support it.