Terminally Ill Adults (End of Life) Bill

Baroness Whitaker Excerpts

2nd reading
Friday 19th September 2025 Lords Chamber

[Baroness Whitaker (Lab)]

My Lords, I had not intended to join this long list of speakers, but it has become increasingly clear that it is right to register all testimony in support of the Bill. I was not at first in favour of it, as I thought it could result in the exploitation of elderly or infirm people’s vulnerability, but as I saw the evidence, particularly from people with disabilities, I came to the conclusion that this choice must be made available. Perhaps I should declare that I am a patron of Humanists UK, but my conclusion in this case was not determined by the admirable way in which it has set out a systematic exposition of the issues.

My views were further strengthened by experience. I am in my 90th year, and I have seen all too many of my friends, and their partners, put under all-consuming stress and suffering by having to postpone an inevitable death, in great and continuing pain and increasing loss of capacity. I well understand those feelings myself. I have seen instances of those caring for people in those last but often prolonged stages taken over by care, helpless compassion and powerless sympathy, of which their dying companion explicitly wanted to relieve them.

I too would like to be able to relieve my family, as well as myself, of intolerable suffering—so how could I deny it to others? I recall, in one of the many debates on this subject that we have had in your Lordships’ House, when the late, much lamented Baroness Warnock asked: why should not old people be allowed to be altruistic? I have spent a large part of my adult life putting the interests of my children at heart, and I do not see why I should stop now. This does not feel to me like altruism, just a continuation of normal service—I hope my children are not listening to this.

The last point I want to make is the part played by other people’s opinions. Like most of your Lordships, I have received very many letters and emails about this Bill. It was striking that almost all of those against were professionally informed, well-marshalled arguments—if often with unusually similar turns of phrase—and many coming from the same email address. By contrast, those for largely wrote from lived and agonising experience, some not very articulately, and in not very educated handwriting. All through my Civil Service career I was conscious of less powerful voices, less well organised, whom it was difficult to reach but who were in the majority—rather like the opinion poll evidence of national feeling in favour of assisted dying. This reflects, of course, the verdict of their elected representatives in the other place; people who we need to pay attention to. I would like to do that now, and make available the compassionate choice about the last, momentous event in people’s lives. I conclude that it is nationally important that this Bill should pass through all its stages.

Terminally Ill Adults (End of Life) Bill

Baroness Whitaker Excerpts

Committee stage
Friday 5th December 2025 Lords Chamber

[Lord Moylan (Con)]

My Amendment 14 in this group seeks to expand eligibility for those of pensionable age who have retired from the UK and gone to live abroad. It is a probing amendment, of course; it is not my intention particularly to expand eligibility under the Bill. I am trying to raise a question of equity and fairness but also legal defensibility. I want to approach the issue from a slightly different angle. I endorse everything said by my noble friend Lord Lansley, the noble Baroness, Lady Finlay, and the noble Lord, Lord Beith, in raising practical issues, but I want to approach it on a slightly different basis.

The intention of the sponsor, I think it is fair to say, is that in creating this Act we do not turn England and Wales into a sort of international capital for quick assisted death. That would be an appalling thing to happen. So we try to put some borders and parameters around it and say that this service is here for the use domestically of people who are established here. One way of looking at that is to put the criteria in about having been here for 12 months and so forth, and being ordinarily resident, and all of that. As I say, I agree that those things raise very serious practical issues, but it seems to me—here I tread very carefully, because I am not lawyer—that they raise legal issues as well. Are we to some extent fooling ourselves into thinking that we, although we are the legislature, can create these boundaries and that they will remain firm?

I am thinking about what the Minister said in her reply to the debate on the first group today, in which she was very careful to draw noble Lords’ attention to the fact that certain amendments in that group might be challenged under human rights law or on the grounds of the Equality Act. She said that she could not give assurances that they would not be challenged; that was her being cautious and proper in expressing the Government’s view while being neutral about the Bill. But that raises a flag. How many of the limits that we are discussing now would actually withstand legal challenge? I chose my own example on precisely those grounds.

What if you have lived all your life in this country and paid all your taxes in this country and reached your pensionable age and decided to retire to Spain, say? Unfortunate developments lead you to want to come back and you qualify under the Act for an assisted death; you have a terminal illness and six-month prognosis, and you want to come back to the UK to take advantage of that, maybe because it is not available in Spain or because you want to be with other members of your family—who knows, but you want to come back to do that.

Under the Bill, as I understand it, you would be excluded from doing that. But would a court agree that that was a firm parameter; in other words, would a court agree that the criteria we have established are sufficiently rational that they have a sufficient basis in other legislation, in their understanding of human rights or in practical considerations? There might be all sorts of reasons why courts might say, “Yes, these are rational limitations”. But it could equally be the case that the court would say, “No, that is an injustice. This person has paid their taxes all their life. They’ve only been gone from this country for a few months. Of course, they should be allowed to come back and take advantage of it; it is irrational to exclude them”. That is the point I want to raise.

The noble and learned Lord the sponsor of the Bill has to put in place criteria which not only sufficiently exclude the possibility that we are going to become an international shop for assisted death—which we would all agree with him is something that we do not want to see happen—but are sufficiently rooted that they will be defensible and durable in a judicial context. That is the matter that most concerns me, apart from the practical considerations, about this whole eligibility debate.

[Baroness Whitaker (Lab)]

My Lords, when considering this group, in particular, perhaps, Amendments 300A and 306A, I realised that the small number of noble Lords who have tabled most of the very large number of amendments to the Bill recognise compassion as their guiding intention. I hope they are being reassured by my noble and learned friend Lord Falconer’s comprehensive and expert reassurance on the many safeguards now inserted into the Bill—more safeguards, I believe, than in the legislation of any other country.

However, I am concerned that very extended delays will betray the hope of the woman who nursed both her parents through agonising and protracted deaths, and who now faces the same fate herself. She mourns the fact that her parents were never given the choice this Bill provides. Her words to me as a legislator were: “Have mercy”. Mercy is what this Bill is about, and noble Lords will surely seek the path to mercy. Surely only those whose motives are ideological would want to prevent this Bill from passing, rather than working out the best amendments on a reasonable timetable.

I remain profoundly uneasy at the prospect of Members of this House abrogating to themselves the right to deny the choice of mercy to that large majority of our fellow citizens who want this choice to be available, as reflected in the decisions of our elected representatives. “Have mercy” should be our watchwords.

[Lord Harper (Con)]

The noble Baroness referred to the two amendments that I have on the Marshalled List that I have not yet spoken to. She seemed to be ascribing motives to the amendments. She referred only to two amendments—the two amendments I have tabled—and she seemed to be suggesting they were designed to stop people accessing this service. I hope she will stay and listen to me when I explain what my amendments are about, and she will see that is entirely the opposite of what they are designed to do.

Terminally Ill Adults (End of Life) Bill

Baroness Whitaker Excerpts

Committee stage
Friday 16th January 2026 Lords Chamber

I apologise to him for the analogy of Stonewall Jackson. He is the same age as Stonewall Jackson—the only difference is that he has had a tougher paper round.

[Baroness Whitaker (Lab)]

My Lords, in connection with Amendment 30, I will just say, in a point of distinction to some of the speeches, that if I were interested in having an assisted death, part of the reason would most definitely be that I would not want to be a burden on my family. I have told my children this. They perfectly understand and I trust them to carry out my wishes. If I do not have any more pleasure in living, I most particularly do not want to add to the burden on my family. It seems to me that that is one of the perfectly good reasons to have an assisted death.

[Lord Harper (Con)]

My Lords, I will touch on Amendments 30, 56 and 57, the latter two to which I have attached my name. Before I launch into my arguments, it is, if I may say so, a delight for me to see the noble Baroness, Lady Campbell of Surbiton, in her place after an unavoidable absence. She and I worked very closely when I was shadow Minister for Disabled People. I found her insight and lived experience, and her willingness to spend time with me on improving my knowledge of disability, extraordinarily helpful. I was grateful to her for the time that she was willing to spend. I am pleased to see her here in this important debate.

The latter contribution I thought was helpful. It goes to the heart of two issues: what the Bill is about and whether the promoters of the Bill are being entirely straightforward about what it is about. The Bill is called the Terminally Ill Adults (End of Life) Bill, and the primary requirement is that you have a terminal diagnosis. The arguments made for it are almost entirely around preventing people suffering or having physical pain. However, as has been pointed out, that is currently not anywhere a requirement in the legislation.

Sometimes supporters of the Bill do not make that argument. Instead, they focus on autonomy, as the noble Baroness, Lady Jay of Paddington, did this morning, or on choice, as the noble and learned Lord, Lord Falconer, did in response to my challenging him on someone’s financial circumstances. We should be very straightforward. If the promoters of this Bill are arguing that it is entirely about somebody’s choice, they should be very straightforward about it. They should not argue that people have to be suffering and that this is about relieving it—which, as my noble friend Lady Fox said, is what compassionate and kind people think is the motivation for this legislation. If they think it should be open to anybody regardless of motivation, they should say so. It is very helpful when some of them are prepared to say that, because it makes what this is about more straightforward.

This goes to the heart of why many of us have concerns. We know this will get challenged in the courts and be expanded, because that has happened everywhere else. As I said earlier, the Minister keeps telling us about the human rights provisions. They will absolutely be used, if not to change what is in the Bill, to widen and challenge the regulations made under it. That is why so many of us want more safeguards on the face of it and not left to statutory instruments, which we know judges are very happy to change and strike down.

It will get expanded, so the proposed new clauses we have put down about the motivations are important. If it is about choice, it has to be a real choice. For people to have genuine choices, they cannot be forced by circumstance into making them. I was exercised with the noble and learned Lord, Lord Falconer, earlier because somebody might have enormous pressures on them—financial, housing, feeling like a burden or, as others have said, wishing financial resources to go their families. Some think those are perfectly fine reasons for somebody to have an assisted suicide. I do not, and I think most members of the public do not think those are reasons for somebody to kill themselves or seek to have others help kill them. We should just be honest about it. If noble Lords think that is fine, they should say so and we will see whether that argument carries water.

People are not making that argument; it is about whether you are suffering. If noble Lords think that is the critical matter, they should put it in the Bill and make it so that you can get assistance with your suicide only if you are suffering and in pain, and that is the reason for your seeking this course of action. If it is one of the other things, we should rule it out. If you are not prepared to rule it out, it becomes clearer what this is really about.

That goes to the point made by my noble friend Lord Shinkwin and why so many of us have concerns. The remarks I made at Second Reading are absolutely highlighted by these amendments. Not a single organisation of or for disabled people supports this legislation, because they are concerned about two things. As my noble friend said, they are concerned that, because so many disabled people are made to feel that they are a burden or, because of the costs of their disability, have financial or housing pressures that others do not have, they will feel forced into seeking an assisted suicide when that is not really what they want. Secondly, they are concerned that, if society decides that it is okay for you to get help in ending your life because you feel you are a burden or do not want to cause problems for other people, that fundamentally changes how society treats and looks after disabled people. Instead of wanting them to live well and have great lives, and being prepared to find the resources for them to do so, we would rather they were not here. That is the message they are getting.

These groups of amendments make it very clear that this legislation is about alleviating suffering and pain; it is not about the other things. That is why I strongly support these amendments and I hope that, in his response, the noble and learned Lord, Lord Falconer, will recognise that those are the reasons why so many people take a different view from him, If he limited the provisions of the Bill to people who are in pain or suffering, it would reassure the many disabled people in this country who are terrified that the passage of this legislation will fundamentally alter their lives for the worse.

Terminally Ill Adults (End of Life) Bill

Baroness Whitaker Excerpts

Committee stage
Friday 30th January 2026 Lords Chamber

[Baroness Coussins (CB)]

My Lords, if we are to have remote assessments, it is very important that we have an exception for one group of people who might be seeking assisted dying: those who require the services of a public service interpreter. Elsewhere in the Bill, the provision of interpreters is acknowledged and provided for. This is one situation where face-to-face consultations are essential. During Covid, there was a huge rise in remote interpreting in the criminal justice system. A number of studies, including a very robust piece of research by the Magistrates’ Association, showed that there were problems with remote interpreting, for reasons ranging from dodgy technology to missed cues because of missed body language.

In these circumstances, more than anything else, a face-to-face consultation or assessment is right and appropriate, where the services of a public service interpreter are needed for the benefit of the person seeking help.

[Baroness Whitaker (Lab)]

My Lords, that provision is in the Bill, if the noble Baroness would just look. I am afraid that I cannot put my finger on the actual clause, but the assessing doctor is required to provide interpreters where necessary.

[Baroness O’Loan (CB)]

My Lords, I have added my name to Amendment 65 in this group, but will first respond briefly to what the noble Baroness, Lady Gerada, said about remote consultations. This is the core of what we are discussing today. It is not just the doctor who needs to be able to see and understand. The patient needs to be able to see, understand and interact with the doctor.

During Covid, my brother tried for six months to see his doctor. There were regular telephone calls. On each occasion, he was told that his symptoms were resulting from cardiac problems and other problems that he had had, and that all he needed to do was take painkillers. When he finally presented to A&E six months later, he had stage 4 lung cancer and bone cancer. Remote consultations do not always protect. Because this is a matter of life and death, because this is a situation in which someone is seeking death, we need to be very sure of what we are doing.