Terminally Ill Adults (End of Life) Bill

Catherine Atkinson Excerpts

Friday 16th May 2025 Commons Chamber

[Sir Jeremy Wright (Kenilworth and Southam) (Con)]

In view of the number of hon. Members who wish to speak in the debate, I will restrict my remarks to amendments 47, 48 and 49, which stand in my name and the names of others. The amendments focus on the stage in the process that involves the multidisciplinary panel established by clause 14, and their purpose is to make that system work better.

A panel is intended to be an additional safeguard. The hon. Member for Spen Valley (Kim Leadbeater) has made that very clear, and such panels are the successor to the involvement of a High Court judge assessing the merits of each case. The role of the panel is to determine whether it is satisfied of the matters set out in clause 15(2). Some of those matters are procedural—for example, whether the person seeking the certificate is aged over 18 or is resident in the UK, or whether declarations and assessments that should be made have been made. Others are matters of judgment, including professional judgment, such as whether an illness is terminal or whether the person applying for a certificate of eligibility has the mental capacity to do so.

The remaining category of matters to be considered are matters of broader judgment, and I suspect those are likely to be where the panel focuses most of its attention, particularly the final two listed in clause 15(2): first, whether

“the person has a clear, settled and informed wish to end their own life”

and, secondly, that there is no coercion or pressure from anyone else. On those matters, the panel will hear from the relevant doctors, who will have had to make a judgment on those things, but I do not think that the intent of the Bill is or should be that the panel simply confirms that the doctor has reached a judgment and then adopts that judgment. The panel should, of course, reach its own judgment. It is right that the panel will also hear from the person wishing to die and will make its assessment of them.

Particularly on the last matter—the absence of coercion or pressure—it may well be that highly relevant evidence will come from others. It may come from family, friends or others who know the person well, and we are familiar with a least one scenario where a new partner isolated the person in question before they suddenly and unexpectedly changed their view on their own assisted death.

The problem is that under the Bill as it stands it is very difficult, and perhaps impossible, for those who know the person seeking a certificate well to know that those proceedings are under way or in prospect. They may not know, and nobody has to tell them, that the person has made the relevant declarations, or even that they have an intention to die, or indeed that there is any reason to submit any evidence they may have.

I am not saying that every case in which someone has not told their family and friends of their decision to seek an assisted death will be concerning, but I think it is fair to say that a disproportionate number of the concerning cases will be in that category. In those cases, the panel may be making a judgment in the absence of relevant—perhaps crucial—evidence and they simply cannot do their job properly if that is so.

[Catherine Atkinson (Derby North) (Lab)]

Is the right hon. and learned Member as concerned as I am that the panel does not even need to consider looking at evidence from family, friends, or those caring for or treating the person? Is he also concerned that although the panel might be required to hear from the person, that will only be in exceptional circumstances and there will be no requirement to ask any questions at all?

[Sir Jeremy Wright]

I understand the hon. Lady’s point and I have seen her amendments on the subject, which are very sensible. We need to think about the way in which the panel process will actually unfold. If we believe that this is an important safeguard, as, I think, is a common view, we need to do everything we can to make sure that it is an effective one. Like the hon. Lady’s amendments, my amendment 47 seeks to remedy the problem by ensuring that the assisted dying commissioner notifies anyone they think may have relevant evidence to give so that they can give it. That evidence may, of course, not change the panel’s decision, but in some of the most troubling cases it will, and the opportunity for the panel to consider that evidence, when the stakes are so high, must surely be provided for.

I accept that what I am proposing is an infringement of the privacy of the person wishing to die—it is a fetter on their ability to choose to die without informing their family or friends as they may wish—but the Bill is all about balancing the rights of a person to die as they wish with, on the other hand, our duty to protect the vulnerable from abuse. That is exactly why the stages through which a person must go in order to be assisted to die are in this Bill, including obtaining the grant of a certificate from a panel. To be of value, as I say, that must surely add new protections to the other stages.