Terminally Ill Adults (End of Life) Bill

Lindsay Hoyle Excerpts

Friday 13th June 2025 Commons Chamber

Further consideration of Bill, as amended in the Public Bill Committee.

[Mr Speaker]

Before we begin, I would like to say a few words about today’s proceedings.

We will begin at the point we ended on Friday 16 May, with the decisions to be taken after debate on the first group of amendments. I will put the necessary questions without further debate. After that, debate on the second group of new clauses and amendments can begin. I remind hon. Members that the scope of that debate will be the amendments and new clauses in that group.

Nearly 60 Members have indicated that they wish to speak in the debate. Not all hon. Members will be called. It is not customary to impose a time limit on speeches on a private Member’s Bill, but I hope that Member in charge of the Bill, and the speakers after her, will restrict themselves in the early part of the debate, including in taking interventions. The Chair will keep time limits under review as the debate progresses. If the Chair feels that people are taking advantage of the Chamber, a time limit will be imposed, but I hope we do not have to do that. I do not expect to call the Front Benchers to speak until at least 1.15 pm.

I can also confirm that I have provisionally selected for separate decision all of the propositions in the name of Kim Leadbeater, the Member in Charge of the Bill. I have also provisionally selected the following for separate decision on new clauses: amendment (b) to new clause 14, new clause 1, new clause 2 and new clause 16. I will make further announcements on selection for separate decision on amendments at an appropriate point. We will begin with the question that new clause 10 will be added to the Bill, which was debated on Friday 16 May.

New Clause 10

No obligation to provide assistance etc

“(1) No person is under any duty to participate in the provision of assistance in accordance with this Act.

(2) No registered medical practitioner is under any duty to become—

(a) the coordinating doctor in relation to any person, or

(b) the independent doctor in relation to any person.

(3) No registered medical practitioner, other than the coordinating doctor or the independent doctor, is under any duty to perform any function under or in connection with this Act other than—

(a) a function relating to the giving of notifications, or

(b) a function relating to the recording of matters in a person’s medical records.

(4) No health professional or social care professional is under any duty to respond when consulted under section 11(3)(b) (requirement for assessing doctor to consult professional with relevant qualifications or experience).

(5) No registered pharmacist or registered pharmacy technician is under any duty to participate in the supply of an approved substance to a registered medical practitioner for use in accordance with section 23.

(6) No person is under any duty to—

(a) act as a witness under this Act, or

(b) act as a proxy under this Act.

(7) Nothing in this section affects—

(a) any duty relating to the giving of notifications under this Act or the recording of matters in a person’s medical records,

(b) any duty relating to a requirement to keep records or to provide information, or

(c) any duty of a professional to respond to enquiries made under section 11(2)(b) (enquiries by assessing doctor) relating to health or social care the professional is providing, or has recently provided, to a person seeking assistance under this Act.

(8) Schedule (Protection from detriment) amends the Employment Rights Act 1996 to make provision to protect employees and other workers from being subjected to any detriment for—

(a) exercising (or proposing to exercise) a right under this section not to participate in an activity or perform a function, or

(b) participating in the provision of assistance in accordance with this Act or performing any other function under this Act.

(9) In this section—

(a) a reference to a duty includes any duty, whether arising from any contract, statute or otherwise;

(b) “registered pharmacist” and “registered pharmacy technician” have the same meaning as in the Pharmacy Order 2010 (S.I. 2010/231) (see article 3 of that Order).”—(Kim Leadbeater.)

This new clause, intended to replace clause 28, expands the protection currently provided by that clause by broadening the persons to whom it applies and the functions to which it relates; and it introduces NS1 which makes provision for enforcement of the right not be subject to detriment in connection with the Bill

Question put, That the clause be added to the Bill.

Question agreed to.

New clause 10 accordingly added to the Bill.

New Clause 11

Replacing the coordinating or independent doctor where unable or unwilling to continue to act

“(1) This section applies where—

(a) after a first declaration has been witnessed by the coordinating doctor, that doctor is unable or unwilling to continue to carry out the functions of the coordinating doctor, or

(b) after a referral is made under section 9(3)(c) (including a referral to which section 12(4) applies), but before a report under section 10 has been made by virtue of that referral, the independent doctor is unable or unwilling to continue to carry out the functions of the independent doctor,

and in this section such a coordinating or independent doctor is referred to as “the outgoing doctor”.

(2) The outgoing doctor must as soon as practicable give written notice of their inability or unwillingness to continue to carry out their functions under this Act to—

(a) the person seeking assistance,

(b) the Commissioner, and

(c) if the outgoing doctor is the independent doctor, the coordinating doctor.

(3) Any duty or power of the outgoing doctor under this Act that arose in consequence of the declaration or referral mentioned in subsection (1) ceases to have effect from the time the outgoing doctor complies with subsection (2); but this does not apply to any duty under subsection (8) or (9).

(4) The Secretary of State may by regulations make provision relating to the appointment, with the agreement of the person seeking assistance, of a replacement coordinating doctor who meets the requirements of section 7(5) and who is able and willing to carry out the functions of the coordinating doctor.

(5) Regulations under subsection (4) may, in particular, make provision to ensure continuity of care for the person seeking assistance despite the change in the coordinating doctor.

(6) Where the independent doctor gives a notice under subsection (2)—

(a) a further referral may be made—

(i) under section 9(3)(c) (if section 12 does not apply), or

(ii) where section 12 applies, under subsection (2) of that section, and

(b) the registered medical practitioner to whom that referral is made becomes the independent doctor (replacing the outgoing doctor) and sections 10 to 12 (and this section) apply accordingly.

(7) Subsections (8) and (9) apply where the coordinating doctor—

(a) gives a notice under subsection (2) to the person seeking assistance, or

(b) receives a notice under that subsection given by the independent doctor in relation to the person seeking assistance.

(8) Where the coordinating doctor is a practitioner with the person’s GP practice, the coordinating doctor must, as soon as practicable, record the giving of the notice in the person’s medical records.

(9) In any other case—

(a) the coordinating doctor must, as soon as practicable, notify a registered medical practitioner with that practice of the giving of the notice, and

(b) the practitioner notified under paragraph (a) must, as soon as practicable, record the giving of the notice in the person’s medical records.”—(Kim Leadbeater.)

This new clause makes provision about the replacement of the coordinating doctor or the independent doctor where the doctor is unable or unwilling to continue to carry out their functions under the Bill.

Brought up, read the First and Second time, and added to the Bill.

New Clause 12

Report where assistance not provided because coordinating doctor not satisfied of all relevant matters

“(1) This section applies where a person is not provided with assistance under section 23 because the coordinating doctor is not satisfied as to all of the matters mentioned in section 23(5).

(2) The coordinating doctor must make a report which—

(a) sets out the matters as to which they are not satisfied, and

(b) contains an explanation of why they are not satisfied of those matters.

(3) The Secretary of State may by regulations make provision about the content or form of the report.

(4) The coordinating doctor must give a copy of the report to—

(a) the person,

(b) if the coordinating doctor is not a practitioner with the person’s GP’s practice, a registered medical practitioner with that practice, and

(c) the Commissioner.”—(Kim Leadbeater.)

This new clause (intended to be inserted after Clause 27) requires the coordinating doctor to produce a report where assistance is not provided because they are not satisfied of all of the matters mentioned in Clause 23(5).

Brought up, read the First and Second time, and added to the Bill.

New Clause 13

Regulation of approved substances and devices for self-administration

“(1) The Secretary of State must by regulations make provision about approved substances.

(2) The regulations must make provision about—

(a) the supply or offer for supply, or administration, of approved substances;

(b) the transportation, storage, handling and disposal of approved substances;

(c) the keeping of records of matters relating to approved substances.

(3) The regulations may in particular make provision—

(a) about the manufacture, importation, preparation or assembly of approved substances;

(b) for or in connection with the monitoring of matters relating to approved substances;

(c) requiring persons specified in the regulations, in specified cases, to give information to the Secretary of State.

(4) The regulations may in particular—

(a) make provision relating to approved substances that is similar to, or that corresponds to, any provision of the Human Medicines Regulations 2012 (S.I. 2012/1916);

(b) make provision applying any provision of those Regulations, with or without modifications, in relation to approved substances.

(The regulations may also amend the Human Medicines Regulations 2012.)

(5) The Secretary of State may by regulations make provision about devices made for use or used for, or in connection with, the self-administration of approved substances.

(6) Regulations under this section must make provision about enforcement (which must include, but need not be limited to, provision imposing civil penalties).

(7) Regulations under this section may make any provision that could be made by an Act of Parliament; but they may not amend this Act.

(8) In this section “device” includes information in electronic form for use in connection with a device.”—(Kim Leadbeater.)

This new clause (which is intended to replace clause 34) imposes a duty to make regulations about approved substances, and a power to make regulations about devices intended for use, or used, in connection with the self-administration of approved substances.

Brought up, and read the First time.

[Kim Leadbeater (Spen Valley) (Lab)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

Amendment (b) to new clause 13, at end insert—

“(5A) The Secretary of State may only approve a device under subsection (5) if the Medicines and Healthcare products Regulatory Agency has approved the device for that purpose.

(5B) Before making any regulations under this section, the Secretary of State must consult the Medicines and Healthcare products Regulatory Agency.”

This amendment requires that the Medicines and Healthcare products Regulatory Agency be consulted before making regulations and that medical devices can only be approved for self-administration if they have been approved by the MHRA.

Amendment (c) to new clause 13, at end insert—

“(5A) Regulations under subsection (5) must forbid the use of any device used for the self-administration of a gas.”

This requires the Secretary of State to forbid the use of medical devices which cause death by the administration of a gas.

Amendment (a) to new clause 13, leave out subsection (7).

This removes the power to make regulations that may make any provision that could be made by an Act of Parliament (known as Henry VIII power) from this new clause.

New clause 14—Prohibition on advertising—

“(1) The Secretary of State must by regulations make provision prohibiting—

(a) the publication, printing, distribution or designing (anywhere) of advertisements whose purpose or effect is to promote a voluntary assisted dying service;

(b) causing the publication, printing, distribution or designing of such advertisements.

(2) The regulations may contain exceptions (for example, for the provision of certain information to users or providers of services).

(3) Regulations under this section may make any provision that could be made by an Act of Parliament.

(4) But regulations under this section—

(a) may not amend this Act, and

(b) must provide that any offence created by the regulations is punishable with a fine.

(5) In this section “voluntary assisted dying service” means—

(a) any service for or in connection with the provision of assistance to a person to end their own life in accordance with this Act, or

(b) any other service provided for the purposes of any of sections 5 to 27.”

This clause imposes a duty to make regulations prohibiting advertisements to promote services relating to voluntary assisted dying under the Bill.

Amendment (b) to new clause 14, in subsection (2), leave out from “exceptions” to the end of subsection (3) and insert—

“( ) for the following—

communication made in reply to a particular request by an individual for information about a voluntary assisted dying service;

(b) communication which is—

(i) intended for health professionals or providers of voluntary assisted dying services, and

(ii) made in a manner and form unlikely to be seen by potential service users.

(3) Regulations under this section may make provision that could be made by an Act of Parliament, but may not amend this Act or the Suicide Act 1961.”

This amendment would limit the exceptions that can be created to the advertising ban set out in NC14 and also provides that regulations cannot amend the Suicide Act 1961, which includes the offence of assisting and encouraging suicide.

Amendment (a) to new clause 14, leave out subsection (3).

This removes the power to make regulations that may make any provision that could be made by an Act of Parliament (known as Henry VIII power) from this new clause.

New clause 15—Investigation of deaths etc—

“(1) In section 1 of the Coroners and Justice Act 2009 (duty to investigate certain deaths), after subsection (7) insert—

“(7A) In this Chapter a reference to an “unnatural death” does not include a death caused by the self-administration by the deceased of an approved substance, within the meaning of the Terminally Ill Adults (End of Life) Act 2025, that was provided to the deceased in accordance with that Act.”

(2) In section 20 of that Act (medical certificate of cause of death), after subsection (4) insert—

“(4A) Regulations under subsection (1) may make, in respect of cases where assistance was provided or purportedly provided to the deceased under the Terminally Ill Adults (End of Life) Act 2025—

(a) such provision that is similar to, or that corresponds to, provision mentioned in subsection (1) as the Secretary of State considers appropriate;

(b) such further provision as the Secretary of State considers appropriate.

(4B) Regulations under subsection (1) must provide that in cases where the cause of death appears, to the best of the knowledge and belief of the person issuing a certificate under the regulations, to be the self-administration by the deceased of an approved substance (within the meaning of the Terminally Ill Adults (End of Life) Act 2025) that was provided to the deceased in accordance with that Act, the certificate must—

(a) state the cause of death to be “assisted death”, and

(b) contain a record of the illness or disease which caused the person to be terminally ill within the meaning of that Act.”

(3) In Schedule 1 to that Act (suspension of investigations etc), in the definition in paragraph 1(6) of “homicide offence”, after paragraph (d) insert—

“(e) an offence under section 31, 32 or 33 of the Terminally Ill Adults (End of Life) Act 2025;”.”

This new clause provides that references in Chapter 1 of the Coroners and Justice Act 2009 (investigations into deaths) to unnatural deaths do not include deaths caused by self-administration of approved substances provided in accordance with the Bill. It makes offences under clauses 31 to 33 “homicide offences” for the purposes of that Act. It also amends the powers in that Act in respect of medical certificates of cause of death.

Amendment (a) to new clause 15, in subsection (1), leave out from “section” to “(medical” in subsection (2) and insert

“20 of the Coroners and Justice Act 2009”

This amendment ensures that deaths from assisted dying will still fall within the coroner’s duty to investigate deaths under section 1 of the Coroners and Justice Act 2009.

New clause 20—Guidance about operation of Act—

“(1) The Secretary of State must issue guidance relating to the operation of this Act.

(2) The guidance need not (but may) relate to matters about which the Welsh Ministers may issue guidance under subsection (4) (“Welsh devolved matters”).

(3) Before issuing guidance under subsection (1), the Secretary of State must consult—

(a) the Chief Medical Officer for England,

(b) the Chief Medical Officer for Wales,

(c) such persons with learning disabilities and other persons who have protected characteristics as the Secretary of State considers appropriate,

(d) such persons appearing to represent providers of health or care services, including providers of palliative or end of life care, as the Secretary of State considers appropriate,

(e) if any part of the guidance relates to Welsh devolved matters, the Welsh Ministers, and

(f) such other persons as the Secretary of State considers appropriate.

(4) The Welsh Ministers may issue guidance relating to the operation of this Act in Wales, but the guidance must only be about matters within devolved competence.

(5) For this purpose, a matter is “within devolved competence” if provision about it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd.

(6) Before issuing guidance under subsection (4), the Welsh Ministers must consult—

(a) the Chief Medical Officer for Wales,

(b) the Secretary of State,

(c) such persons with learning disabilities and other persons who have protected characteristics as the Welsh Ministers consider appropriate,

(d) such persons appearing to represent providers of health or care services, including providers of palliative or end of life care, as the Welsh Ministers consider appropriate, and

(e) such other persons as the Welsh Ministers consider appropriate.

(7) When preparing guidance under this section, an appropriate national authority must have regard to the need to provide practical and accessible information, advice and guidance to—

(a) persons (including persons with learning disabilities) requesting or considering requesting assistance to end their own lives;

(b) the next of kin and families of such persons;

(c) the general public.

(8) An appropriate national authority must publish any guidance issued under this section.

(9) In this section—

“appropriate national authority” means the Secretary of State or the Welsh Ministers;

“protected characteristics” has the same meaning as in Part 2 of the Equality Act 2010 (see section 4 of that Act).”

This new clause (which is intended to replace clause 37) makes provision about guidance relating to the operation of the Bill.

New clause 21—Provision about the Welsh language—

“(1) In this section “relevant person” means a person in Wales who wishes to be provided with assistance to end their own life in accordance with this Act.

(2) Subsection (3) applies where the Welsh Ministers make regulations under section 39 (voluntary assisted dying services: Wales).

(3) Regulations under that section must make such provision as the Welsh Ministers consider appropriate for the purpose of ensuring that, where a relevant person indicates that they wish to communicate in Welsh, all reasonable steps are taken to secure that—

(a) communications made by a person providing a voluntary assisted dying service to the relevant person are in Welsh, and

(b) any report about the first or second assessment of the relevant person is in Welsh.

(4) Where a relevant person informs the Commissioner that they wish to communicate in Welsh, the Commissioner must take all reasonable steps to secure that—

(a) communications made by the Commissioner to the relevant person are in Welsh,

(b) each member of the panel to which the relevant person’s case is referred speaks Welsh, and

(c) communications made by that panel to the relevant person are in Welsh,

and any certificate of eligibility issued by that panel must be in Welsh.

(5) Regulations under section 7, 9, 10, 17 or 26 that specify the form of—

(a) a first or second declaration,

(b) a report about the first or second assessment of a person, or

(c) a final statement,

must make provision for the forms to be in Welsh (as well as in English).

(6) Before making regulations in pursuance of subsection (5), the Secretary of State must consult the Welsh Ministers.

(7) In this section—

“panel” and “referred” have the meaning given by paragraph 1 of Schedule 2;

“voluntary assisted dying service” has the meaning given by section 38.”

This new clause (which is intended to replace Clause 47) makes provision about the use of the Welsh language.

New clause 4—Monitoring by Chief Medical Officer—

“(1) The relevant Chief Medical Officer must—

(a) monitor the operation of the Act, including compliance with its provisions and any regulations or code of practice made under it,

(b) investigate, and report to the appropriate national authority on, any matter connected with the operation of the Act which the relevant national authority refers to the relevant Chief Medical Officer, and

(c) submit an annual report to the appropriate national authority on the operation of the Act.

(2) The relevant Chief Medical Officer’s report must include information about the occasions when—

(a) a report about the first assessment of a person does not contain a statement indicating that the coordinating doctor is satisfied as to all of the matters mentioned in section 9(2)(a) to (h),

(b) a report about the second assessment of a person does not contain a statement indicating that the independent doctor is satisfied as to all of the matters mentioned in section 10(2)(a) to (e),

(c) a panel has refused to grant a certificate of eligibility,

(d) the coordinating doctor has refused to make a statement under section 17(6).

(3) An annual report must include information about the application of the Act in relation to—

(a) persons who have protected characteristics, and

(b) any other description of persons specified in regulations made by the Secretary of State.

(4) When preparing an annual report, the relevant Chief Medical Officer must consult—

(a) The Commissioner, and

(b) such persons appearing to the relevant Chief Medical Officer to represent the interests of persons who have protected characteristics as the relevant Chief Medical Officer considers appropriate.

(5) An appropriate national authority must—

(a) publish any report received under this section,

(b) prepare and publish a response to any such report, and

(c) lay before Parliament or Senedd Cymru (as the case may be) a copy of the report and response.

(6) In this section “appropriate national authority” means the Secretary of State or the Welsh Ministers.

(7) In this section “protected characteristics” has the same meaning as in Part 2 of the Equality Act 2010 (see section 4 of that Act).

(8) In this section “relevant Chief Medical Officer” has the meaning given by section 37(5).”

This new clause would require the monitoring, investigation and reporting functions set out in the Bill to be carried out by the Chief Medical Officer instead of the Voluntary Assisted Dying Commissioner.

New clause 5—Implications for civil procedure rules and probate proceedings—

“(1) The Secretary of State must, within six months of the passing of this Act, publish a report setting out the implications of this Act on—

(a) the civil procedure rules, and

(b) probate proceedings.

(2) The report in subsection (1) must include an analysis of likely consequential changes to the civil procedure rules and probate proceedings in consequence of this Act.”

New clause 6—Board to consult communities—

“(1) The Commissioner must, within six months of being appointed under this Act, appoint a consultation board.

(2) The role of the board is to consult communities in order to report to the Commissioner on the impact of the Act on those communities.

(3) The Board must report to the Commissioner and the Secretary of State every 12 months from its appointment on its findings.

(4) The communities that the Board must consult include people from Black, Asian and Minority Ethnic communities.

(5) The Board may consult other groups in addition to those listed in subsection (4) as it considers appropriate.

(6) The Secretary of State must, within 3 months of receiving a report under subsection (3), lay that report before both Houses of Parliament.”

New clause 19—Collection of statistics—

“(1) The Voluntary Assisted Dying Commissioner must ensure that the statistics specified in Schedule (Statistics to be collected) are collected.

(2) The Commissioner must publish a yearly report setting out those statistics.

(3) The Secretary of State may, by regulation, vary the contents of Schedule (Statistics to be collected).”

Amendment 13, in clause 4, page 2, line 22, at end insert—

“(2A) A person may not be appointed under subsection (2) unless the appointment has the consent of the Health and Social Care Select Committee of the House of Commons.

(2B) In this section, references to the Health and Social Care Committee shall—

(a) if the name of that Committee is changed, be taken (subject to paragraph (b)) to be references to the Committee by its new name;

(b) if the functions of that Committee at the passing of this Act with respect to matters relating to the provision of assistance under this Act become functions of a different committee of the House of Commons, be taken to be references to the committee by whom the functions for the time being exercisable.”

Amendment 96, in clause 25, page 21, line 5, at end insert—

“(1A) A drug or other substance may only be approved under this Act if the Secretary of State is reasonably of the opinion that there is a scientific consensus that this drug (or other substance) or combination of drugs (or other substances), is effective at ending someone’s life without causing pain or other significant adverse side effects.”

This amendment ensures that drugs can only be approved if the Secretary of State is reasonably of the opinion that there is a scientific consensus that the drug is effective at ending someone’s life without causing pain or other significant adverse side effects.

Amendment 97, page 21, line 5, at end insert—

“(1A) A drug or other substance may only be approved under this Act if it has been licensed by the Medicines and Healthcare products Regulatory Agency for that purpose.”

This amendment ensures that drugs can only be approved for this purpose if the MHRA has licensed those drugs for that purpose.

Amendment 98, page 21, line 5, at end insert—

“(1A) Nothing in subsection (1) requires the Secretary of State to approve any drugs or other substance if they conclude that there are no appropriate drugs or other substances to approve.”

If the Secretary of State concludes that no drugs or substance is appropriate to be used, then the Secretary of State is not required by subclause 25(1) to approve any.

Amendment 27, page 21, line 7, at end insert—

“(2A) The doses and types of lethal drugs specified in any regulations made under subsection (1) must be licensed by the Medicines and Healthcare products Regulatory Agency.

(2B) The doses and types of lethal drugs to bring about the person’s death must be recommended by the guidelines of either—

(a) the National Institute of Clinical Excellence, or

(b) the All Wales Medicines Strategy Group in Wales, as appropriate, prior to licensing.”

This amendment will require the doses and types of lethal drugs to be licensed by the Medicines and Healthcare products Regulatory Agency and to be recommended by either the National Institute of Clinical Excellence or the All Wales Medicines Strategy Group in Wales as appropriate prior to licensing.

Amendment 99, page 21, line 7, at end insert—

“(2A) The Secretary of State may not lay a draft statutory instrument containing (whether alone or with other provision) regulations under subsection (1) before both Houses of Parliament unless they also lay before both Houses a report setting out all relevant information on the likely time to death, complications (including pain) and likely side effect.”

This amendment requires that a report be provided to Parliament setting out the information available on the proposed drugs, including time to death, complications (including pain) and likely side effects. Such a report is required before Parliament votes to approve the drugs or substance. See consequential Amendment 100.

Amendment 69, page 21, line 8, leave out subsection (3) and insert—

“(3) See section (Regulation of approved substances and devices for self-administration) for powers to make provision about—

(a) approved substances, and

(b) devices for use or used in connection with the self-administration of approved substances.”

This is consequential on NC13.

Amendment 53, line 24, leave out clause 34

This amendment is consequential on NC13.

Amendment 54, line 34, leave out clause 35

This amendment is consequential on NC15.

Amendment 19, in clause 36, page 27, line 17, at end insert—

“(ba) how the provisions of this Act relate to the operation of—

(i) the Government’s strategy on suicide prevention,

(ii) the duties on clinicians and others to secure the right to life, including of those at risk of suicide, under paragraphs 1 and 2 of Article 2 (Right to Life) set out in Schedule 1 of the Human Rights Act 1998,

(iii) the Mental Health Act 1983,

(iv) deprivation of liberty safeguards as set out in Schedule A1 to the Mental Capacity Act 2005, and

(v) liberty protection safeguards as set out in Schedule AA1 to the Mental Capacity Act 2005.”

Amendment 70, page 27, line 20, at end insert—

“(ca) ensuring effective communication in connection with persons seeking assistance under this Act to end their own lives, including the use of interpreters;”

This amendment provides that a code of practice must be issued covering ensuring effective communication in connection with persons seeking assistance under the Bill.

Amendment 108, page 27, line 31, at end insert—

“(h) how the provisions of this Act, including but not limited to section 23, interact with the provisions of the Abortion Act 1967.”

Amendment 71, page 27, line 35, leave out subsection (3).

This amendment is consequential on amendment 70.

Amendment 20, page 28, line 5, leave out subsection (8) and insert—

“(8) If it appears to a court or tribunal conducting any criminal or civil proceedings that—

(a) a provision of a code, or

(b) a failure to comply with a code,

is relevant to a question arising in the proceedings, the provision or failure must be taken into account in deciding the question.”

Amendment 89, page 28, line 7, leave out clause 37.

This amendment is consequential on NC20.

Amendment 34, in clause 37, page 28, line 14, at end insert—

“(ii) persons from Black, Asian and Minority Ethnic communities and advocate groups representing those communities, and

(iii) representatives of the healthcare sector, including persons who work in hospices.”

Amendment 12, clause 38, page 28, line 36, leave out subsections (4) and (5) and insert—

“(4A) Regulations under subsection (1) may not amend, modify or repeal section 1 of the National Health Service Act 2006.”

This amendment would prevent section 1 of the National Health Service Act 2006, which sets out the purposes of the NHS, from being amended by regulations. Its effect would be to require changes to be made by an Act of Parliament instead.

Amendment 105, page 29, line 4, leave out subsection (6).

Amendment 15, page 29, line 5, at end insert—

“(6A) Regulations under this section must provide that, where a body other than a public authority provides voluntary assisted dying services under subsection (1), that body must publish an annual statement that includes information on the following—

(a) the number of persons to whom the body has provided a preliminary discussion under section 5(3);

(b) the number of to persons whom the body has assessed under section 9(1);

(c) the number of persons whom the body has assessed under section 10(1);

(d) the number of persons to whom assistance has been provided under section 23(2);

(e) the cost and revenue associated with providing such assistance; and

(f) any other matter that the Secretary of State may specify.”

This amendment would require private providers of the services permitted under the Act to publish annual statements of the numbers of people to whom they have provided those services. It would also require them to disclose their associated costs and revenue.

Amendment 92, in clause 39, page 29, line 13, leave out from “Wales” to end of line 14.

Amendment 106, page 29, line 16, leave out subsection (2)(a).

Amendment 107, page 29, line 22, leave out subsection (4)(a).

This amendment and amendment 93 ensure that the power under subsection (3) also covers provision securing that arrangements are made for the provision of services, so far as such provision is outside the legislative competence of the Senedd.

Amendment 93, page 29, line 27, at end insert—

“(b) a reference to provision about voluntary assisted dying services includes in particular provision securing that arrangements are made for the provision of such services.”

See the statement for Amendment 92.

Amendment 29, in clause 40, page 30, line 5, at end insert—

“(5) Any notification to the Commissioner made pursuant to regulations under this section must be forwarded by the Commissioner to the relevant Chief Medical Officer.

(6) The relevant Chief Medical Officer may exercise any power granted to the Commissioner under subsection (2).

(7) In this section “relevant Chief Medical Officer” has the meaning given by section 37(5).”

Amendment 21, in clause 43, page 31, line 15, at end insert—

“(4) For the first reporting period referred to under subsection (2) (a) the report must set out an assessment of the state of health services to persons with palliative and end of life care needs and the implications of this Act on those services.

(5) The report under subsection (4) must, in particular, include an assessment of the availability, quality and distribution of appropriate health services to persons with palliative and end of life care needs, including—

(a) pain and symptom management;

(b) psychological support for those persons and their families;

(c) information about palliative care and how to access it.”

This amendment would require the Secretary of State for Health and Social Care to prepare and publish an assessment of the availability, quality and distribution of palliative and end of life care services as part of the first report on implementation of the Act (to be undertaken within 1 year of the Act being passed). This would mirror the assessment already required as part of the 5 year review of the act.

Amendment 28, page 31, line 32, leave out clause 45.

This amendment is linked to NC4.

Amendment 35, clause 45, page 32, line 20, after “characteristics” insert

“, including persons representing Black, Asian and Minority Ethnic communities,”.

Amendment 36, in clause 46, page 33, line 11, after “disabilities” insert

“, and

(ii) persons from Black, Asian and Minority Ethnic communities”.

Amendment 90, page 33, line 18, leave out clause 47.

This amendment is consequential on NC21.

Amendment 39, in clause 47, page 33, line 19, after “provided” insert “in Wales”.

This amendment specifies that this section applies only to services provided in Wales.

Amendment 40, page 33, line 24, at end insert—

“(2A) Any entity providing a service or fulfilling a function under this Act must take all reasonable steps to ensure the particular health professionals providing a service or fulfilling a function under sections 5, 9,10, 12, 15, and 23 have fluent proficiency in the Welsh language, if the services are to be provided to a person in Welsh under subsection (1).

(2B) For the purposes of subsection (2A), “fluent” includes speaking fluent Welsh in order to enable conversations with the person in Welsh.

(2C) The Commissioner must take all reasonable steps to ensure members of Assisted Dying Panels will, if the person to whom the referral relates has asked for services to be provided in Welsh, when hearing from or questioning that person under section 15(4)(b), do so in Welsh.”

Amendment 103, in clause 50, page 34, line 24, leave out from “under” to end of line 29 and insert

“any provision of this Act unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

This amendment would require all statutory instruments in the Act, except commencement orders, to be made by the draft affirmative procedure. It is linked with Amendment 104 which creates the power for the Secretary of State to use the made affirmative procedure in cases of emergency.

Amendment 72, page 34, line 24, after “10(9)”, insert—

“(Regulation of approved substances and devices for self-administration),”.

This amendment provides that regulations under NC13 are subject to the draft affirmative procedure.

Amendment 50, page 34, line 24, after “10(9),” insert “(Doctor independence)”.

This amendment makes regulations under NC7 [Doctor independence] subject to the affirmative procedure.

Amendment 100, page 34, line 24, after “10(9),” insert “25(1)”.

This amendment makes regulations under clause 25(1) subject to the draft affirmative procedure. It is consequential on Amendment 99.

Amendment 73, page 34, line 25, leave out “or 39” and insert—

“39, or (prohibition on advertising)”.

This amendment provides that regulations under NC14 are subject to the draft affirmative procedure.

Amendment 88, page 34, line 25, after “39” insert “or (Collection of statistics)”.

This amendment provides that the changes to NS2 should be made by affirmative regulations, and is consequential to NS2.

Amendment 104, page 34, line 32, at end insert—

“(5A) If they reasonably consider it urgent and necessary for the protection of others, the Secretary of State or the Welsh Ministers may dispense with the requirement to lay a draft statutory instrument.”

This amendment is linked with Amendment 103. It creates the power for the Secretary of State to use the made affirmative procedure in cases of emergency (this means that it would come into effect straight away but there would be a vote afterwards).

Amendment 76, in clause 53, page 36, line 12, at beginning insert “Subject as follows,”.

This amendment is consequential on amendment 77.

Amendment 77, page 36, line 12, at end insert “only.

(2) Sections (Regulation of approved substances and devices for self-administration), (Prohibition on advertising), 50 and 52, this section, and sections 54 and 55 extend to England and Wales, Scotland and Northern Ireland.

(3) Section (No obligation to provide assistance etc)(8) and Schedule (Protection from detriment) extend to England and Wales and Scotland.”

This amendment provides for NC13 (regulation of approved substances etc) and NC14 (prohibition on advertising), and the general provisions of the Bill, to extend to each part of the United Kingdom; and for NC10 (no obligation to provide assistance etc) and NS1 (protection from detriment) to extend to England and Wales and Scotland.

Amendment (a) to amendment 77, in subsection (2), leave out

“(Regulation of approved substances and devices for self-administration),”.

This would provide that NC13 (regulation of approved substances etc…) does not extend to each part of the United Kingdom and only applies, like most of this Bill, to England and Wales.

Amendment (b) to amendment 77, in subsection (3), leave out “and Scotland”.

This amendment would provide that subsection (8) of NC10 (no obligation to provide assistance) and NS1 (protection from detriment) only extend to England and Wales.

Amendment 42, in clause 54, page 36, line 16, leave out subsections (2) to (5) and insert—

“(2) In relation to England, the provisions of this Act not brought into force by subsection (1) come into force on such day or days as the Secretary of State may by regulations appoint.”

This amendment will mean that, except as provided by subsection (1), provisions of the Bill will only commence in England when the Secretary of State makes a commencement order, and not automatically.

Amendment 37, in clause 54, page 36, line 21, leave out subsection (4) and insert—

“(4) Regulations under this section cannot be made unless the Secretary of State has previously—

(a) made a statement to the effect that in their view the provisions of the Act are compatible with the Convention rights; or

(b) made a statement to the effect that although they are unable to make a statement under subsection (4)(a), the Government nevertheless wishes to proceed with commencing provisions of the Act.

(4A) The statement required by subsection (4) must be laid before both Houses of Parliament.

(4B) A statement under subsection (4)(b) must include the steps the Government plans to take to resolve any incompatibility.”

Amendment 3, page 36, line 22, leave out “four” and insert “three”.

Amendment 94, page 36, line 25, leave out “Wales” and insert—

“sections 39(1) and (2) and (Provision about the Welsh language)(2) and (3) which come into force on such day as the Welsh Ministers may by regulations appoint.”

This amendment provides that the Welsh Ministers have power to commence clauses 39(1) and (2) and NC21(2) and (3), and that other provisions of the Bill come into force in accordance with subsections (1) to (4) of this clause.

Amendment 95, page 36, line 26, leave out subsection (6).

This amendment is consequential on Amendment 94.

New schedule 2—Statistics to be collected—

“Characteristics

1 The Voluntary Assisted Dying Commissioner must collect the following information about persons requesting assisted dying—

(a) sex,

(b) age,

(c) self-reported ethnicity,

(d) level of education,

(e) Index of Multiple Deprivation based on postcode,

(f) region of residence,

(g) marital status,

(h) living status (alone, with others, in a care home etc),

(i) main condition leading to “terminal illness” fulfilment,

(j) other medical conditions,

(k) other psychiatric / mental health conditions,

(l) presence of physical disability, and

(m) presence of intellectual disability.

Health and Care Support

2 The Commissioner must collect statistics on the following information about health and care support—

(a) whether the person was, before the request—

(i) under a specialist palliative care team, and

(ii) under a psychiatry team,

(b) whether following the request there has been—

(i) referral to specialist palliative care team, and

(ii) referral to psychiatry team following request.

Information about requests

3 The Commissioner must collect statistics on the following information about the requests for assistance—

(a) the main reason for requesting assisted dying,

(b) any other subsidiary reason for requesting assisted dying,

(c) any previous requests for assisted dying from that patient,

(d) time between first request and subsequent request(s),

(e) number of times a second opinion was requested under section 10, and

(f) number of times the second opinion disagreed with the first.

Information about refused requests

4 The Commissioner must collect statistics following information about requests that are refused—

(a) at what stage of the process was the request refused, and

(b) reasons for refusal.

Information about the process

5 The Commissioner must collect statistics on the following information about the process—

(a) time from initial discussion to first declaration,

(b) time from first declaration to first doctor’s assessment,

(c) time from first doctor’s assessment to second doctor’s assessment,

(d) time from second doctor’s assessment to panel approval,

(e) time from panel approval to second declaration,

(f) time from second declaration to provision of assistance to self-administer lethal drugs,

(g) time from panel approval to death (whether by lethal drug or natural causes),

(h) duration of relationship between patient and coordinating doctor at first request, and

(i) use of a proxy and reason for using proxy.

Information about clinicians and pharmacies

6 The Commissioner must collect statistics on the following information about clinicians and pharmacies—

(a) number of clinicians participating, their speciality, and number of assisted deaths each carries out per year, and

(b) number of participating pharmacies; number of times assisted dying drugs are dispensed.

Information about Assisted Dying Panel processes

7 The Commissioner must collect statistics on the following information about Assisted Dying Panel process—

(a) number of applications made,

(b) number of applications granted and rejected,

(c) reasons for rejection,

(d) whether family members informed of proceedings,

(e) whether family members took part in proceedings,

(f) number of requests for reconsideration made,

(g) number of reconsideration requests granted and rejected, and

(h) reasons for granting requests.

Information on approved substances

8 The Commissioner must collect statistics on the following information about the approved substances—

(a) name of drug(s) used for the assisted death,

(b) whether intravenous or oral self-administration is used,

(c) presence and nature of complications following self-administration of drugs (vomiting, regurgitation, seizures, regained consciousness, other),

(d) time from self-administration to loss of consciousness,

(e) time from self-administration to death,

(f) whether emergency services called at any time following self-administration of drugs,

(g) location of death,

(h) health care professionals present at self-administration,

(i) non-professionals present at self-administration,

(j) health care professionals present at death,

(k) non-professionals present at death.”

Amendment 82, in schedule 2, page 41, line 18, leave out sub-paragraph (1) and insert—

“(1) The Judicial Appointments Commission must make arrangements for the appointments to a list of persons eligible to sit as members of panels.”

This amendment requires that panel members be appointed by the Judicial Appointments Commission. It is linked with Amendments 83, 84, 85 and 86.

Amendment 83, page 41, leave out lines 23 to 26 and insert—

“but has not reached the age specified in section 11 (Tenure of office of judges of Senior Courts) of the Senior Courts Act 1981.”

This amendment requires that the legal member of the Panel is someone who holds high judicial office or has held high judicial office but not yet reached the mandatory retirement age. It is linked with Amendments 83, 84, 85, and 86.

Amendment 41, page 41, line 34, at end insert—

“(2A) In Wales, the Commissioner must take all reasonable steps to ensure each member of a panel has fluent proficiency in the Welsh language if services or functions in the Act are to be provided to an individual in Welsh under section 47(1).

(2B) For the purposes of subsection (2A), “fluent” includes speaking fluent Welsh.”

Amendment 84, page 42, line 2, leave out “or deputy judge”.

This amendment ensures that only High Court judges, and not deputy High Court judges, can chair the panel. It is linked with Amendments 83, 84, 85 and 86.

Amendment 85, page 42, line 2, at end insert—

“(4) All judges of the High Court are automatically on the list and will remain so for the duration of their appointment to the High Court.

(5) If they have not already, all persons on the list (whether as a legal member, psychiatrist member, or social care member) must take the judicial oath.”

This amendment makes all High Court judges automatically eligible to chair panels without needing further application and it requires that the non-legal members take the judicial oath before they can sit. It is linked with Amendments 83, 84, 85 and 86.

Amendment 86, page 43, line 5, at end insert—

“(3) Panels shall have the same powers, privileges and authority as the High Court.”

This amendment gives the panel the same powers as the High Court. It is linked with Amendments 83, 84, 85 and 86.

[Kim Leadbeater]

It is a privilege to open today’s debate and to present to the House the amendments tabled in my name, a number of which relate to issues that I promised to return to when they were raised in Committee. All amendments in my name have been drafted with technical advice and expertise from civil servants from the Department of Health and Social Care and the Ministry of Justice, along with the brilliant Government Legal Department and the Office of the Parliamentary Counsel, in order to make the Bill workable and to give coherence to the statute book, as confirmed by the Minister for Care, my hon. Friend the Member for Aberafan Maesteg (Stephen Kinnock), and the Minister for Courts and Legal Services, my hon. and learned Friend the Member for Finchley and Golders Green (Sarah Sackman), in their recent letter to MPs. Some are technical and drafting amendments, and all are there to strengthen the Bill, so I hope that colleagues will be able to support them, wherever they stand on the principle of assisted dying.

I know that many colleagues wish to speak today, so I will endeavour to speak with brevity. I will speak first to the new clauses that stand in my name, starting with new clause 13. This important new clause and the related amendments would create a regulatory framework and safeguards around the approved substances referred to in the Bill by imposing a duty to make regulations about those substances and a power to make regulations about devices for use in connection with their self-administration.

Amendment 72 provides that the regulations relating to approved substances would be subject to the affirmative procedure, meaning that they must be laid before Parliament and approved by resolution of both Houses, providing important parliamentary oversight. These measures ensure that the substances used in assisted dying are subject to a specific and appropriate regulatory regime.

--- Later in debate ---

[Dr Jeevun Sandher (Loughborough) (Lab)]

Thank you, Mr Speaker, for allowing me to rise to speak to new clause 6, which proposes a special representative for ethnic minorities. I am not white, as some Members may have noticed. The fact that my presence in this House is unremarkable is in and of itself remarkable. That did not happen by chance; it happened because of those who came before me.

The Mother of the House, my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott), has spoked powerfully in this debate, and I know that my unremarkable presence here is due to her remarkable achievements. We may not always hold the same opinions, but we have always shared the same Labour values. She will never know how grateful we all are to her. I may be part of the last generation of MPs who can say this to her while she is in the House: thank you.

My hon. Friend the Member for Vauxhall and Camberwell Green (Florence Eshalomi) has spoken powerfully in this debate, and my right hon. Friend the Member for Walsall and Bloxwich (Valerie Vaz) has tabled new clause 6. I know I stand on their shoulders too, and I do not doubt their good intentions, but this Bill has nothing to do with the colour of my skin. New clause 6 proposes a special representative for ethnic minorities. I disagree with the new clause, because the colour of my skin has no bearing here and no special place in this debate. Equalities data will be reported through the Equality and Human Rights Commission, as set out in clause 51, and the Secretary of State can already consult community representatives. For every person of every skin colour, this Bill gives those already dying a choice to end their suffering—

[Mr Speaker]

Order. We need to make sure that contributions are tied to the amendments. We are not debating the general points of the Bill—we have gone past that. The hon. Gentleman is making more of a Third Reading speech, which he might want to save.

[Dr Sandher]

It is to the point of where we are—

[Mr Speaker]

Order. I will make that decision. Please do not challenge the Chair.

[Dr Sandher]

I do apologise, Mr Speaker.

What I meant to say is that new clause 6 would introduce a special representative for ethnic minorities, and I am trying to explore why we do not need one. A duty to consult is already included in clause 51.

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

May I informally suggest that we aim for speeches of around six minutes? I call Paul Waugh to provide a good example.

[Paul Waugh (Rochdale) (Lab/Co-op)]

I rise to speak in support of the amendment in my name, which seeks to strengthen new clause 14 tabled by my hon. Friend the Member for Spen Valley (Kim Leadbeater). Why do we want to restrict advertising about assisted dying? It is not just because such adverts could appear crass or insensitive, or because we worry that private companies could profiteer from death, but because advertisers know that they influence choices. The issue of choice, whether it is informed choice, skewed choice, self-coercion or coercive control, as has already been mentioned, is, in many ways, at the heart of the Bill and whether its safeguards are sufficient.

My brother works in advertising and he knows its power. It is why companies spend billions of pounds on it, why Google is the giant that it is, why we see lots of adverts at Westminster tube station trying to influence every single one of us, and why X is full of ads. Advertising works because we human beings are suggestible, and prone to messaging, visual cues and hints. Older people are bombarded with adverts for everything from stairlifts to care homes. One person’s advert, though, is another person’s public information campaign. It is not impossible to imagine a future Secretary of State, who passionately believes in the merits of assisted dying, authorising such a campaign. It could be a Government-approved plotline in a soap opera, or an ad read out by a podcaster that ever so subtly sounds like a news item, or even their own opinion. Many in this House rightly try to protect teenagers from online harms, but the online harm of an ad for a website about assisted dying shared on TikTok could be a reality without the tighter safeguards in my amendment.