Terminally Ill Adults (End of Life) Bill

Debate between Lord Markham and Lord Carlile of Berriew

Committee stage
Friday 23rd January 2026 Lords Chamber

[Lord Markham (Con)]

The noble Baroness is talking about a slightly different circumstance where there are prior reasons, which could be mental health or other reasons, and why that could be a cause. What we are talking about here is basically the criterion on which you can first be assessed for assisted dying, which is, of course, that you have been diagnosed in the first place. To the point that, of course, people might then live longer, my experience is that they are delighted by that. Just because they have been assessed as being able to have assisted dying does not mean that they will take the medication. Again, evidence shows strongly that they will take the medication only right near the end when the pain, the loss of dignity or whatever the reason is becomes unbearable. My experience is that those people would be delighted if it was a misdiagnosis, and if they are fortunate enough to be living 30 years later, as per some of these examples, that would be fantastic. Of course, they will not have taken the medication. The point is that they take it only right at the end where there is no other choice, so to speak.

Within that, accepting that these are the people we are talking about, of course there are all sorts of different motivations why, when they are unfortunately at the point where they are looking at such a death, they might want to go ahead with it. Research shows that there are multiple reasons; it is impossible to put it down to just one. Loss of autonomy, less ability to engage in enjoyable activities, loss of dignity, loss of control of bodily functions, burden, inadequate pain relief or finances are all part of the reasons. They are all part of the research, and, on average, you will find that there are three or four reasons to do it.

So it is quite wrong to say, “No, we’ll only allow you to go ahead with this if you only have that single motivation”. As I said before, they would rather not be there in the first place, but given that they are in that unfortunate circumstance, surely they should be allowed the choice of why they wish to die.

[Lord Carlile of Berriew (CB)]

My Lords, I put my name to the amendments of the noble Baroness, Lady Berger, and I will not repeat what she said. She opened the debate on these amendments with superb clarity, characteristic of her contributions to your Lordships’ House.

I have been shocked by what I have just heard from the noble Lord, Lord Markham. I ask him just to reflect on two contributions made earlier in this afternoon’s session by my noble friend Lord Mawson, who, from his own experience, described what happens in poorer neighbourhoods, which he has experienced very directly, in which people face different problems and are more likely to want to die for reasons to which their terminal illness is just an ancillary point.

I have been involved in these debates since I came into your Lordships’ House at least. I was on the Joffe Bill Committee with my noble friend Lady Finlay. In the Committee on that Bill, in all the other Bills I can remember since, and particularly in all the case law that I have followed over the years—mostly very celebrated cases—the purpose of asking for assisted suicide has been to alleviate terrible suffering. That has been the sole purpose for demanding a change in the law: to alleviate terrible suffering. I do not believe that the noble and learned Lord wishes to achieve anything different from that. It is just that it does not say in the Bill that the purpose of having assisted suicide should be to alleviate terrible suffering.

Of course, there may be other issues at work in that person’s mind when they ask for assisted suicide—we cannot read every synapse in their brain—but we are here to legislate to save people from terrible suffering, if the Bill is to pass. I am very concerned that the Bill should be amended so that the capability to have assisted suicide does not arise as an opportunity to commit suicide. The reason to commit suicide, the absolute cause, should be the intolerable suffering.