(2 weeks, 4 days ago)
Lords ChamberWhen I mention drafting changes, I mean in relation to the timing of this. As drafted, it would need to be done before the application is granted, and it may be that the requirement to go to the local authority could be at the same time as having approved it, not before. But, yes, this would be an additional requirement on the panel.
I hope the noble and learned Lord the sponsor or the noble Baroness, Lady Finlay, can help with my second point on the principle of the Bill. The noble Baroness, Lady Hayter, referred to the situation based on autonomy: the individual wants to do this and does not want to tell relatives. If we are strict purists about that—we had evidence on this at the Select Committee—then with this Bill there could be a situation where the first time anyone hears about the death is when the medical examiner telephones a relative.
I have tabled amendments in a different group on a requirement to nominate next of kin who are over the age of 18. I think it would be useful for the Committee to know what the situation is if someone acts completely autonomously like this and the body is there. Does the noble and learned Lord the sponsor need to bolt on a provision so that there is a public health burial? That is the continuation of the logic of this that you can do this alone, with no one in your life knowing about it. Therefore, to exercise that autonomy fully, there would need to be a public health burial, with everything done before anyone in the family knows. That is a conceptual difference. The noble and learned Lord and I spoke about this in a meeting in relation to what the law is, and it would be good for him to clarify the situation. Can the medical examiner not call anybody and go forward with a public health burial?
Does the noble Baroness understand that, quite often, people die and their family does not know about it?
Absolutely, and therefore the medical examiner’s evidence is that, when they have the body in that circumstance, they are under an obligation, we think, to locate and find a relative. Sadly, this happens more frequently than we would like to think, and the local authority powers to perform a public health burial then become apparent. So, yes, there are these situations.
It is important to clarify this in relation to this Bill, because we have this evidence from the medical examiner that the first the family might know is when they are called by the medical examiner. We need to be clear about that and about the position of families. Is this personal autonomy—that is the conceptual point—so fully and properly enacted that there would be a public health burial, without any obligation to inform anybody that this is happening?
(1 month, 3 weeks ago)
Lords ChamberSadly, for the noble and learned Lord, I think that there are more amendments that need to be discussed, including one that I have laid. We have all discussed this on the basis that there is no one else in the room. There could be relatives there expressing a wish. We have discussed this on the basis that the patient rises and has capacity. They may not have capacity and there may be relatives in the room with enduring powers of attorney. The noble Baroness, Lady Hayter, shakes her head, but there are many scenarios in which there is not clarity in the Bill between the moment the drug is administered and the moment of death or it fails. I am afraid that I give the noble and learned Lord notice that I think we will have to come back to this, because the medical profession is asking for clarity.
Can I put it on record that I am not shaking my head? I think it was made clear that the power of attorney could not be used for this purpose.
(5 years, 9 months ago)
Lords ChamberMy Lords, my criticism of the Government’s Answer is that even after the PHE review of disparities and risks and outcomes related to Covid-19 failed to include recommendations, the reply again talks about trying to understand the causes of disparities. Let us be clear: coronavirus thrives on inequality, and inequality thrives on inaction. Let us have no delay for research on causes but real action now to protect BAME people at risk from the virus. Will the Minister tell the House what actions the Government are taking to mitigate the very real risks BAME communities face right now?
My Lords, it is important that we understand the various drivers of the disparities and the relationship between different risk factors. It has been accepted that the report has some limitations; for example, the ethnicity analysis does not adjust for factors such as comorbidities such as underlying health conditions of hypertension and obesity. It is imperative that we do the next stage of looking at the data and the connections to ensure that we fill in the gaps of understanding and developing new policies so that we act on a proper and scientific basis; otherwise, we risk making matters worse, which no one would want us to do.