Assisted Dying Bill [HL]

Debate between Lord Falconer of Thoroton and Lord Trimble

Friday 16th January 2015 Lords Chamber

[Lord Falconer of Thoroton]

My Lords, this has been a very impressive debate. I completely agree with what the noble Lord, Lord Faulks, said about it being in the right tone.

I shall make three points. First, I acknowledge the speech by my noble friend Lord Cashman, which was of immense power and immense pain. He made the incredibly important point that in the circumstances in which he found himself, he was very clear about the distinction between assisted dying and suicide. I understand the difficulty and the pain that must have been involved in making that speech. All Members of Committee appreciate that.

Secondly, there are two separate groups in this group of amendments. One group is those amendments which wish to change various bits of the wording of the Bill to refer more often to the word “suicide”. Not one of those points has been pursued in detail except for the point made by the noble Lord, Lord Mawhinney, as regards Clause 4, in which he sought to suggest that the use in the draft Bill of the word “self-administration” was in some way euphemistic. It was not. It was used because a vital brick in the Bill is that the person has to do the last act to himself or herself. They have to do it to make clear that it is not euthanasia. That is why that word is there; it is not in any way intended to be euphemistic.

As regards the other matter, the Title of the Bill—which is the key point in the debate—I have thought very carefully about what the Bill should be called. I am always wary when I think to myself, “What will other people think I mean?”. When I hear noble Lords speculating about what the public may think, I am always rather wary; all we can do is to go by the words.

I have used the phrase “assisted dying” for three reasons. First, it is accurate. The purpose of my Bill as drafted is to:

“Enable competent adults who are terminally ill to be provided at their request with specified assistance to end their own life”.

That is the wording of the Long Title. Nobody in this debate has questioned its accuracy. What is the right way to convey a Long Title in a short title? In my view the right and most accurate way is by using the words “assisted dying”. That is why, after very considerable thought and having discussed it with people—not just people in favour but also lawyers—I wished to convey accurately what the position was.

The second reason is that to call the Bill “the Assisted Suicide Bill” would, as a matter of law, give the wrong impression. The words “assisted suicide” would give the impression that assistance could be given in any category of suicide. The third reason was that touched upon by the noble Lord, Lord Purvis, who said that those engaged in helping people as regards suicide are very antipathetic to the words “committing suicide”. There is a moral opprobrium attached to it. For those three reasons I decided that the right wording was “assisted dying”. I urge the Committee to accept the Title as it is.

[Lord Trimble (Con)]

My Lords, my comments would have been most apposite when I tried to intervene earlier. At that point, the noble and learned Lord was quoting from the contribution from my noble friend Lord Mawhinney, who referred to Clause 4. I observe that that clause talks about prescribing,

“medicines for that person to enable that person to end their own life”.

Does he agree with me that the worst euphemism here is the use of the word “medicines”?

[Baroness O’Neill of Bengarve]

My Lords, we have had a very interesting debate on the first amendment in this group, which is very limited. I observe that the Bill does not alter the law on suicide. Suicide is not a crime. If your Lordships think about it, if suicide is successful, you cannot prosecute.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Trimble

Wednesday 9th February 2011 Lords Chamber

[Lord Falconer of Thoroton]

I am using the figures that the noble Lord, Lord Brabazon of Tara, gave. The noble Baroness may well be right that looking at those figures again, we could take other and better figures, but these are the only figures we have at the moment because I understand that the noble Lord, Lord Strathclyde, was asked and refused to answer.

According to the House Library, the Prime Minister is appointing new Peers at a rate well in excess of any of his recent predecessors. The number of new Peers appointed in the first year by Mr Callaghan was 19; by the noble Baroness, Lady Thatcher, it was 18; by Sir John Major it was 25; by Mr Blair it was 38; and by Mr Brown it was 16. I remind the House that the number appointed by the current Prime Minister before the end of his first year is 116. That is a remarkable trend.

[Lord Trimble]

Steady on. A large chunk of that was the nominations that he inherited from the outgoing Prime Minister and I think the noble and learned Lord should acknowledge that.

[Lord Falconer of Thoroton]

I do not know what number that was. It was perhaps 30 at the most, so that would make the Prime Minister’s figure double the highest figure. I do not think that anyone, except perhaps the noble Lord, Lord Trimble, would dispute that the Prime Minister has appointed Peers at a much faster rate than anyone else in recent times and as we understand the effect of the coalition agreement, he has not yet finished. The coalition agreement says:

“Lords appointments will be made with the objective of creating a second chamber that is reflective of the share of the vote secured by the political parties in the last General Election”.

The report of the constitution unit of University College London of 22 November 2010 estimates that fulfilling that commitment will result in a House of 977 compared to the current 786, which makes it already the largest second chamber in the world. The coalition agreement on Lords appointments would therefore mean an additional 200 Peers. Accepting the limitations on the figures, which the noble Baroness, Lady O'Cathain, has rightly pointed out—that means that there may be better figures—that would mean an additional cost of £33.5 million. Even if one took a third of that figure to deal with the capital costs, the saving of approximately £12 million each year, which is advanced as the reason for making the cull in MPs, would be dwarfed. The importance of those figures is that they perhaps undermine the justification given.

Even assuming that one put to one side the question of the unsound basis being advanced by the Deputy Prime Minister for culling the number of MPs, the views expressed by the noble Lord, Lord Forsyth, my noble friend Lord Grocott and the noble Baroness, Lady O'Cathain, are very widely shared around the House. If the trend goes on at the rate that has been said, putting aside the costs, the workings of this House will not improve but will get worse.

What the noble Lord, Lord Forsyth of Drumlean, is suggesting is not something that will cause delay in the introduction of the reduction of MPs in the other place. It is not in any sense an amendment that cuts to the quick of the Bill. He proposes that the changes will not come into force until legislation has been introduced—only introduced—into either House of Parliament to limit the number of Members of the House of Lords. He is not saying what the number should be and he is not saying how it should be calculated. He is simply saying to the Government, “Put your money where your mouth is and do something about it. What you do is a matter for you in detail but you must address the issue”. That is a moderate and reasoned approach that would find favour around the House. It is a very serious issue which connects in completely with this Bill and I shall be very interested to hear what the noble Lord, Lord McNally, has to say about it.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Trimble

Monday 17th January 2011 Lords Chamber

[Lord Falconer of Thoroton]

I agree with all of that. I very much hope that we would not succumb to that temptation, but once the door is open, it becomes harder and harder to resist.

[Lord Trimble]

The noble Lord refers to this as a “hallowed principle of our constitution”, but it was not applied to the Scottish Parliament, the Welsh Assembly or the Northern Ireland Assembly. My noble and learned friend Lord Wallace said, with regard to the Scottish Parliament, that there were some really arcane discussions, which he said he might reveal to us some time, that resulted in the rather unusual figure there. I know myself, and I will not weary the House, about the political considerations that drove the size of the Northern Ireland Assembly. I confess ignorance with regard to the Welsh Assembly. But that “hallowed principle” has not been applied by Governments drawn from both sides of this House over the past few years.

[Lord Falconer of Thoroton]

I do not want to go into Northern Irish politics because I feel that if I did, I would make a number of mistakes. I can talk about Scottish politics, and I can say this: the effect of the reduction in the number of Members of Parliament in Scotland was, in political terms, wholly to the detriment of the Labour Party. However, it was introduced by a Government with a substantial Labour majority. Yes, it was done by a Government, but it was plain that it was being done in a way that was to the detriment of the interest of that Government. So, in my view, it does not raise the issues that the noble Lord is raising.

[Lord Trimble]

I am afraid that the noble and learned Lord has misunderstood the point that I was making, which was with regard not to the number of Westminster Members from Wales, Scotland and Northern Ireland, but to the size of the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly, which is a different matter.

[Lord Falconer of Thoroton]

I accept that as well but I can see no process by which, when you are setting up a Parliament, you can do so except by the passage of a Bill in Parliament.