Assisted Dying Bill [HL]

Debate between Baroness Butler-Sloss and Baroness Neuberger

Friday 7th November 2014 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, I should like to continue on this subject of the law. I was in the Bland case in the Court of Appeal. As President of the Family Division, at one stage I tried nearly all the permanent vegetative state cases. On the assumption that this Bill is passed, it seems to me critical and essential that the court should have an input. I would prefer the version of the noble Lord, Lord Carlile, but, speaking as a former judge, I would say that the version of the noble Lord, Lord Pannick, would actually require the judge to take account of all the relevant factors. I would be astonished if the High Court did not wish to confirm that it is satisfied, and that is a high standard. The judge would have the power to require, for instance, a psychiatrist or other medical opinion, if the judge was not satisfied that the patient—we are talking about the rights of the patient—had the full capacity necessary to make this absolutely crucial decision.

As to how the case would be tried, it would likely go before a Family Division registrar. It would go before a High Court judge. In my day, I was able to try cases on the day that the problem came before the High Court and it was able to go to the Court of Appeal on the same day if it was sufficiently urgent. I would expect the President of the Family Division to treat all these cases with the utmost seriousness and would see it as crucial that they be heard as quickly as possible. It would be a matter for the Government of the day as to whether legal aid were given, but in a matter of this absolutely enormous importance as to whether somebody is entitled and has the capacity to make the decision that they wish to end their life, I would think it quite shocking if legal aid were not granted.

[Baroness Neuberger (CB)]

My Lords, I rise to speak to the amendment of the noble Lord, Lord Pannick, to which I have put my name, and to add to that of the noble Lord, Lord Carlile. I agree with almost everything that has been said but, if responsibility is given to the Family Division in some way or other, there might be reason for a ticket system, as happens in serious sex or murder cases. That way, the judges within the Family Division who are going to hear these cases very quickly will have had training in how to look at them and, where necessary, examine the medical evidence in detail. A ticket system and specific training for members of the Family Division in this area would be an improvement on simply saying that it was available to everybody. I support the amendment of the noble Lord, Lord Pannick.

Crime and Courts Bill [HL]

Debate between Baroness Butler-Sloss and Baroness Neuberger

Wednesday 27th June 2012 Lords Chamber

[Baroness Neuberger]

My Lords, perhaps I may add to the debate as another non-lawyer. Indeed, I totally agree with the noble Lord, Lord Deben, and I very much hope that the Government will take this on board. I know that the Minister has himself been involved in the judicial diversity task force, of which the Lord Chief Justice and the Lord Chancellor are in fact members. One of the criticisms that the Advisory Panel on Judicial Diversity has made since it reported two years ago is that progress by that task force has in fact been remarkably slow. Although it has met, not a great deal has happened. I know that the Minister feels much the same. It therefore seems to me all the more important that there be a statutory duty on the Lord Chancellor and the Lord Chief Justice, as well as on the Judicial Appointments Commission, to promote diversity. I really hope that the Government will take that on board.

[Baroness Butler-Sloss]

As a former judge I very strongly support the amendment by the noble Lord, Lord Pannick. I would particularly like to endorse what the noble Lord, Lord Deben, said, with which I entirely agree. It is a very good thing when we get some non-lawyers reminding us, but he can be assured that former senior judges support him on this.