2 Lord Goodman of Wycombe debates involving the Ministry of Justice

Terminally Ill Adults (End of Life) Bill

Lord Goodman of Wycombe Excerpts
Friday 13th March 2026

(1 day, 8 hours ago)

Lords Chamber
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Baroness Blackstone Portrait Baroness Blackstone (Lab)
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It is with some trepidation that I speak, since I realise how passionately the previous speakers think about what they have said. The first small point I want to make is that the noble Baroness, Lady Campbell, referred to Report—we are not going to have a Report stage, because we have taken so long in dealing with all the many, many amendments that have been tabled.

Leaving that on one side, we have to realise that doctors’ main objective is to try to alleviate suffering. This is what those of us backing the Bill believe it does: it will alleviate suffering—sometimes terrible suffering—and torment by allowing people to choose the time of their death when they are already dying. We must not forget this. If we accept that this is the role of doctors, that this is what they try to do in their professional work, we must allow them to discuss at an appropriate point, in their judgment, all the possible options that are available to the dying person. If the Bill were enacted, one of the options would be an assisted death if they had reached that point. So to say that a doctor in a close relationship with his or her patient would be unable to raise this as a possible option would be entirely wrong.

I advise everybody, if they have not done so already, to look at what the BMA says about this. It has specifically briefed against prohibiting doctors from initiating discussion about assisted dying under the Bill, warning that it will be detrimental to patient care. I accept this piece of advice from the BMA. It is a view that many doctors, and some in this Chamber, too, would actually adhere to and agree with.

I very much hope that this group of amendments will not be accepted. It does not mean that at the end the patient is not the one who makes the decision about whether to request an assisted death—of course he or she does. But it just becomes one of the options that is available to them, and that is an option I believe we should allow them to be aware of.

Lord Goodman of Wycombe Portrait Lord Goodman of Wycombe (Con)
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My Lords, I will speak to my Amendment 151, which is supported by the noble Lord, Lord Carlile, and the noble Baronesses, Lady Fox and Lady Hollins. It was also referred to approvingly by the noble Baroness, Lady Campbell, in her earlier remarks. My amendment would prohibit medical professionals from raising assisted dying as an option, unless explicitly requested by the patient.

I will be very brief in introducing this amendment, by pointing out to the Committee that it goes to the heart of a juxtaposition suggested by the Bill. On the one hand, we have an increasingly large, frail, vulnerable, often elderly population, who may not have the full autonomy that the sponsor of the Bill suggests. On the other hand, we have a National Health Service that, by the nature of events, is almost always underfunded and feels that it will be underfunded. If you put those two things together, there will be an inevitable pressure to cut costs and present the cheaper option to the patient who is seeking guidance.

I have carefully read the sponsor’s words in Clause 5 and it is true that, on paper, the patient must be offered the option of palliative care as well as that of an assisted death. However, in these circumstances of financial restriction, I am concerned about the patient being steered in a certain direction. I will not regale the Committee with horror stories from abroad, usually from Canada, about precisely this taking place. Were I to do that, the sponsor of the Bill and others would, quite rightly, point out that there are safeguards in the Bill that are not present in Canada. I would point out in return that safeguards can be whittled away over time. In making that point, I mean nothing to the detriment of the sponsor of the Bill; I am sure that he does not mean it to happen but, over time, people can make amendments and changes to legislation.

I will step back from this amendment and look at it in this way. I believe that assisted dying is intrinsically problematic and, if the Bill ever got further, I would vote against it at Third Reading. However, my concern while we are here is to improve the Bill. If we are to have such a Bill, I want it to be in the best—I should say the least bad—condition possible. Noble Lords know that nothing in the amendment would alter the basic architecture and structure of what the sponsor of the Bill has proposed—in relation to the first doctor, the second doctor, the panel, proxies, the regime for regulating substances or any of that. The amendment would do nothing whatever to prevent anyone seeking an assisted death. All it would do is to prevent a medical professional raising it.

Therefore, I suggest to the noble and learned Lord the sponsor that, if he wants to make some progress with the Bill, he might accept this amendment or one of the many others in this group to a similar end. I look forward to hearing him when he replies but, whether he does accept it or not, this amendment would write a safeguard into the Bill that is not there, and I commend it to the Committee.

Lord Falconer of Thoroton Portrait Lord Falconer of Thoroton (Lab)
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I congratulate the noble Lord because, although I disagreed with his conclusions, in just three minutes and 35 seconds he managed to summarise brilliantly the arguments both ways and the evidence.

Baroness Wheeler Portrait Baroness Wheeler (Lab)
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My Lords, it is now 2.33 pm. I suggest that the Committee might like to hear from Front-Benchers now to ensure that we can conclude proceedings in an orderly manner, as planned, around 3 pm.

Lord Goodman of Wycombe Portrait Lord Goodman of Wycombe (Con)
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I have an amendment to which I have not yet been able to speak. Surely it is right and proper that those of us who have tabled amendments should be able to speak—especially where, as is true in my case, a noble Lord was a member of the Select Committee that examined this Bill. If the Committee will allow it, I would like briefly to quote some of the evidence that we heard.

Baroness Wheeler Portrait Baroness Wheeler (Lab)
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My Lords, the House generally rises around 3 pm on Fridays. To go beyond 3 pm, we would need the consent of the Committee.

Lord Goodman of Wycombe Portrait Lord Goodman of Wycombe (Con)
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I will be extremely brief but, as I said, I have tabled an amendment and have been waiting patiently to speak to it, if I may. My Amendment 394 would require the assessing doctor to arrange, and require the person to attend, a consultation with a palliative care specialist. Like the noble Baroness, Lady Finlay, who moved the lead amendment in this group, and the noble Baroness, Lady Smith, who spoke earlier, I was on the Select Committee. I will not repeat the evidence that the noble Baroness, Lady Smith, quoted, but I shall very briefly quote a little more, because the merit of having these Select Committee reports is that the House hears them.

The Royal College of General Practitioners said:

“It is essential to ensure that every patient approaching the end of life has access to high-quality palliative care”.


Secondly, Professor Mumtaz Patel of the Royal College of Practitioners said:

“What I really fear is that people are making sometimes these choices because of the lack of provision around good palliative care”.


Thirdly, Hospice UK, in its written evidence to us, said:

“Should the Bill progress, it is therefore essential that Government does far more to ensure equitable access to and provision of palliative care ahead of the introduction of assisted dying in practice”.


I could quote more, but because of the time constraint, I will come to a conclusion, as requested.

My conclusion is this. When the noble and learned Lord, Lord Falconer, gave evidence to our committee, he stressed at the start that the guiding principle of the Bill is autonomy, but autonomy is compromised if there is not real choice. To those who say that you cannot have real choice between assisted dying and palliative care because the palliative care is not available, my response is that that is precisely why this should have been considered by a royal commission, rather than being brought into this Bill, which has been so heavily criticised by two Select Committees of this House. However, we are where we are, this is the Bill as we have it, so I wait to hear from the sponsor of the Bill which of these amendments he is prepared to accept and, if he is not, which amendments he himself will bring forward in due course.

None Portrait Noble Lords
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Front Bench!