Terminally Ill Adults (End of Life) Bill

Debate between Lord Blencathra and Baroness Berridge
Baroness Berridge Portrait Baroness Berridge (Con)
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As people around me are saying, I do not think I said that. They are neutral. The royal colleges have said that they have problems with the Bill, but they have been neutral on the principle, save for the Royal College of General Practitioners. I am sorry; I stand corrected on that. They are neutral, as is the Association for Palliative Medicine, which is not a royal college.

When one looks at the evidence that we took, of course individuals from within that group would come along whom we had to call. It was right that we did that, but one looks at a corporate view. I enormously respect Professor Sir Chris Whitty, but I heard his evidence on this and he was not the highest expert in the land. He was humble enough to write to correct himself, as he had misunderstood the Mental Capacity Act when he gave evidence in the Commons.

Lord Blencathra Portrait Lord Blencathra (Con)
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My Lords, we should all be grateful to the noble Baroness, Lady Finlay of Llandaff, for bringing this matter before the Committee, but also to my noble friend Lord Harper, who has highlighted some of the deficiencies in in the Mental Capacity Act. Yes, it may be tried and tested in its current usage but, as we heard from many sides of the Committee, it may be inadequate for dealing with death issues.

I was going to speak in support of Amendment 2, but I might also be willing to support the potential oral amendment from my noble friend Lord Deben. When considering important decisions, particularly in the context of healthcare, it is crucial to understand the distinction between capacity and ability. This is especially relevant for terminally ill patients, as questions about decision-making may arise on treatment options, advance directives and legal matters.

I believe that we should change references from “capacity” to “ability” when discussing decision-making for terminally ill patients. The reason for this change is to ensure clarity and accuracy in describing a person’s actual situation. We should not be afraid to bring in a new word if it is more relevant than “capacity”. Although “capacity” is a legal and clinical term for specific criteria, “ability” is a broader term that may better reflect the practical realities and nuances of an individual’s situation. Using “ability” can help to avoid misunderstandings and ensure that patients are supported in ways that are appropriate to their unique circumstances.

House of Lords (Hereditary Peers) Bill

Debate between Lord Blencathra and Baroness Berridge
Lord Blencathra Portrait Lord Blencathra (Con)
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My Lords, if I may mix my metaphors, someone had to put on the suicide vest and poke his head above the parapet by putting down this highly controversial amendment for a drastic reduction in the number of Bishops. It had the desired effect: in a debate of one hour and 10 minutes, we have had some very interesting speeches and suggestions for a possible way forward in looking at other faiths in another amendment.

We have had the benefit of three very powerful speeches. My noble friend Lord Hailsham made a very powerful speech about the removal of all Bishops. That was immediately countermanded by an equally powerful speech by the noble Lord, Lord Moore of Etchingham, who made the finest case for retaining the Bishops that I have ever heard; he mentioned the line—in fact, the truth—that we must not disturb the settlement. The third excellent speech was from the right reverend Prelate the Bishop of Sheffield, who made the valid point that having only five Bishops would make it impossible for them to work here. I accept that, but he also said that the Bishops were open to discussion on their possible numbers in any future settlement or change to the House of Lords.

My noble friend Lord Dundee wanted to reduce the number of Bishops from 26 to 20. Forgive me, but I cannot see the big difference that that would make. My noble friend Lady Berridge called for a check on the propriety of Bishops. I have no intention of entering into that detail, but she spoke at length on adding other faiths, which is the subject of my Amendment 34.

Lord Blencathra Portrait Lord Blencathra (Con)
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My Amendment 34 intends to add representatives of five other faiths, so I accept that our amendments are not exactly the same. She talked about lots of other churches and religions not being represented. That is something I was going to talk about in relation to my next amendment, if I moved it.

When the noble Lord, Lord Wallace of Saltaire, spoke, I asked myself, “What on earth is he doing here at 9.15 pm on his birthday? It certainly can’t be to hear my speech”. I should say that, on my next amendment, a colleague complained that I missed out the Church of Scotland; it was not the noble Lord, Lord Wallace of Saltaire, but the noble and learned Lord, Lord Wallace of Tankerness. He also made the point about including other faiths.

The noble Baroness, Lady Smith of Llanfaes, quoted the polls. If this House or the Government were to do everything the polls wanted every time they wanted it, they would be changing policy every six months—so I do not necessarily go along with that.

I accept my noble friend Lord Strathclyde’s point that this issue needs further consideration, in the round, with further Lords reform.

I simply do not want to get into the detail of what my noble friend Lord Northbrook said; I hope he will forgive me.

At first, I thought that my noble friend Lord Strathcarron was going to support getting rid of all the Bishops, but his speech was a rather intriguing way of keeping the Bishops by criticising everything they did. But he did make the point that they make a very valuable contribution to this House.

My noble friend Lord True, the shadow Leader, made a very careful and thoughtful speech, mainly arguing for the status quo and making the point that the Bishops may be sitting on the only Benches in this House that will not be appointed by the Prime Minister in future. The Leader also made a thoughtful and wise speech, calling for wider discussion.

I was due to move the next amendment—Amendment 34—which seeks to reduce the number of Bishops to five and add five representatives of other faiths. However, given that we have had some extensive speeches tonight on adding other faiths, I may change my mind on moving that amendment. For the moment, I beg leave to withdraw this amendment.