Terminally Ill Adults (End of Life) Bill

Judith Cummins Excerpts

Report stage
Friday 13th June 2025 Commons Chamber

[Sir John Hayes]

The hon. Gentleman anticipated what I was about to say; I have cited exactly that evidence many times during the debate. We need to look at the experience elsewhere to inform what we do here. We always do that when we pass the right laws in this place.

There is worse news than that, because rather than being improved during its passage, the Bill has in many ways got worse, in particular by giving additional powers to Ministers—so-called Henry VIII powers. When the two words “delegated legislation” are mentioned in this place, we should always be fearful; when the words “ministerial discretion” are used, be doubly fearful. I said that looking directly at Government Front-Bench Members, but I could have been looking at the Conservative Front Bench. The Bill gives permissive powers to Government to make all kinds of changes. I want to take some of those to illustrate my point.

The Bill empowers Ministers to amend the Suicide Act, including the offence of encouraging suicide. They can rewrite the principles of the NHS, in section 1 of the National Health Service Act, to read, “secure improvement in the mental health of the people of England and Wales and end the lives of the terminally ill”. They can amend the NHS Act to specify that this service is not free of charge. The Bill points only to the section of the National Health Service Act that says,

“services to be provided free of charge except where charging expressly provided for”.

They can amend the definition of a registered medical practitioner, so it is not a doctor carrying out the assessment. And so on and so forth.

That is why the amendment in the name of the hon. Member for Mitcham and Morden (Dame Siobhain McDonagh) is so vital. The speech she gave was among the best speeches I have heard in this House. The passion she feels for vulnerable people and the difference the NHS makes to them is not only felt on the Labour Benches, as she well knows, regardless of the theatre. We all come to this place to ensure that the least fortunate have a voice; that those with less power are given a little more by our advocacy.

In conclusion, I say to the hon. Member for Spen Valley (Kim Leadbeater) that there has never been any doubt about the depth of her piety. Let us now be sure about the breadth of her mind. If she really wants the Bill to be passed in a way that is palatable, then she must surely accept the amendments I have supported and highlighted in this brief—all too brief—contribution.

[Madam Deputy Speaker (Judith Cummins)]

Members need to be aware that I will start the Front-Bench speeches at 1.30 pm. I call the final Back-Bench speaker, Rachael Maskell.

[Rachael Maskell]

I rise to speak to my amendment 27. The insufficiencies of clause 25 and new clause 13, and the mechanisms for substance approval, have attracted much criticism as they defy safe process. I have therefore undertaken extensive research with leading academics, toxicologists, anaesthetists, pharmacists and others to understand the safety concerns over pharmacology, prescribing and dispensing.

Normally, the MHRA would undertake research and trials to secure safety, quality and licensing. The British National Formulary focuses on dosage and side effects, and NICE or the All Wales Medicines Strategy Group focuses on showing that drugs work and are cost-effective. That safety regime underpins the reputation of UK pharmacology. So can this House assure itself that without due process, someone will have a safe and peaceful death? Let us look at the evidence.

First, the data is poor. The Health and Social Care Committee visited Oregon. We know there are varying times for how long it takes for someone to die—up to 137 hours. The research cites nausea and vomiting in 10% of cases, seizure, oral muscular burning, regurgitation and regaining consciousness.

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[Madam Deputy Speaker (Judith Cummins)]

I call the shadow Minister.

[Dr Kieran Mullan (Bexhill and Battle) (Con)]

May I start by offering the condolences of His Majesty’s Opposition to all those affected by the Air India plane crash, including the families of the very many British citizens who, very sadly, lost their lives. Our thoughts are with all of them.

As is well understood now, the Opposition remain neutral on the principle of whether assisted dying should be introduced. That will depend on the Bill’s progress through its remaining stages in this and the other place. However, I wish to raise two important matters. First, on the matter of time, all of us understand the considerable challenges that Mr Speaker faces in having to balance the desire of colleagues to speak on this matter with the limited time available for private Members’ Bills—I know that he is doing his best to strike that balance. A number of Members have pointed out that the time being given to this Bill is significant and more than that normally allocated to even quite substantial Government Bills. None the less, it is right to acknowledge that this is far from an ordinary Bill.

It is hard to think of a more deeply consequential and highly contentious piece of legislation for our society. The reality is that, both today and in previous sittings, a number of Members have been unable to speak. There has been an informal time limit on speeches, and interventions have necessarily been limited as a result. Debate in this House is important not just because it decides how we vote, but because it is used by the courts to help interpret legislation. A more limited debate limits the scope for that.

Ordinarily, a Minister would have significant time at the end of Report to deal with amendments, provide clarification and explain intention, in a way that the promoter of the Bill will not. Again, a majority of Members may be satisfied with that, but very many are not. Although what we decide on the business of the House is ultimately determined by majority vote, how we reach a decision and how we allow alternative views to be explored matters. We should all consider whether we want a debate of such importance to be curtailed in the manner that it has been.

I ask the Government to consider assisting Mr Speaker by making more time available for us to ensure that, on Third Reading, we have the fullest debate possible, with every Member having a reasonable opportunity to speak and take interventions in the way that they would like.

Secondly, Members will be aware that the Bill, although extensive, is not the full picture. As others have highlighted, significant elements of how assisted dying will operate are due to be determined by future delegated legislation. The Government’s delegated powers memo notes that the Bill contains 38 delegated powers, including Henry VIII powers, and more powers are contained in the promoter’s amendments that are scheduled for decision today. They include matters such as the content, form and thoroughness of doctors’ reports, regulations for replacing a co-ordinating doctor who is unable or unwilling to continue, and decisions on who will be notified of the panel’s decision, which has been raised as an important potential safeguard. Those are not trivial matters. These pieces of legislation cannot be amended and MPs can vote only yes or no. In some cases, they are unlikely to be debated, and they almost certainly will not be on the Floor of the House. It is important for Members to fully understand that. MPs often have to weigh up the consequences of rejecting such legislation when they disagree with it, because it could leave a void.

Members are well within their rights to be content to proceed regardless. Certainly, a majority of the Committee have presented a Bill to the House with the composition as described. That is, of course, a legitimate choice for Members to make. We have heard in the debate today about amendments to curtail these powers, and Members will need to decide their views on that. I urge the Government, in the interests of helping Members to have the clearest possible idea of how a scheme they are being asked to vote on will operate, to provide as much detail as possible on what these future regulations might consist of. Although we will not be able to have all the answers, I think most Members would agree that it is better that we vote with more detail, rather than less, even if they are satisfied to support assisted dying in principle. This is something that only the Government can do. I ask that the Minister reflects on that challenge in his closing remarks, alongside giving the Government’s response to those asking for more Government time to allow wider debate with more Members able to speak.

I emphasise again that the Opposition remain neutral on whether we should introduce assisted dying, but it is incumbent on us to at least draw attention to matters of procedure that can be addressed only by the Government. I look forward to the Minister addressing the concerns of Members along the lines reflected in my remarks today.

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The House proceeded to a Division.

[Madam Deputy Speaker (Judith Cummins)]

Order. I ask the Serjeant at Arms to investigate the delay in the Aye Lobby.

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[Christine Jardine]

On a point of order, Madam Deputy Speaker. I do not think it matters how one is going to vote on this issue; a lot of us are finding it very frustrating that some Members seem to be deliberately hanging about in the Lobbies to delay the process. In order to get the Bill through and for the public to see that we are respecting their wishes, can something be done to appeal to the better natures of those Members? It really looks petty and childish. Could they please abstain from doing it the next time?

[Madam Deputy Speaker (Judith Cummins)]

I thank the hon. Member for her point of order. She will have seen that I sent the Sergeant at Arms to investigate the delay.