Terminally Ill Adults (End of Life) Bill (Twenty First sitting)

Liz Saville Roberts Excerpts

Committee stage
Tuesday 11th March 2025 Public Bill Committees

[Jake Richards]

That is an important point, because the change, as drafted in the various amendments, provides for real flexibility. That may cause others some concern, but to my mind it is a reassurance, because it will mean that a weighty figure, the commissioner, will be able to set out rules and regulations for the process to make sure that it is rigorous but is not so burdensome as to be pointless.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I rise to speak to my amendment (a) to new schedule 2. The assisted dying review panel comprises a legal member and the chair, a psychiatrist member and a social worker member. I welcome this third tier of safeguarding and its range of specialities, as laid out in new clause 21.

My amendment (a) would amend paragraph 4, which concerns membership of panels, by inserting a new paragraph 4(3):

“Each member of a panel must have fluent proficiency in the Welsh language if services or functions in the Act are to be provided to an individual in Welsh.”

I emphasise the “if”, because it is in certain circumstances. I have previously touched on the requirements of the Welsh Language Act 1993 and the Welsh Language (Wales) Measure 2011. It appears that the panel can be defined as a legal proceeding and will therefore be required to follow the pre-devolution 1993 Act. Let us consider whether that is sufficient for the level of safeguarding that all Committee members want to provide.

Section 22(1) of the Welsh Language Act 1993 states:

“In any legal proceedings in Wales the Welsh language may be spoken by any party, witness or other person who desires to use it, subject in the case of proceedings in a court other than a magistrates’ court to such prior notice as may be required by rules of court; and any necessary provision for interpretation shall be made accordingly.”

I quote that as the nearest comparator. That means that the 1993 Act, in the situation we are discussing, enables people to speak Welsh and for interpreters to be provided as necessary. That gives people the right to speak Welsh, but it does not give them the right to be heard in Welsh in their own voice. If the legal personnel do not speak Welsh, their decisions will be based on the interpreted communication. The key question is whether we are content to accept the use of interpreters as intermediaries between the individual and the assisted dying panel.

Dr Sarah Davies, a consultant respiratory physician from Colwyn Bay, has written, with 78 other clinicians from Wales as co-signatories, to parliamentarians about their concerns. She states:

“In practice use of interpreters does not provide full communication of appropriate knowledge from clinician to patients. This is because interpreters are often not experienced and confident enough to discuss such complex and legal issues as assisted dying. Even the best possible practice by interpreters cannot match communicating in the person’s own preferred language. Every person whose preferred or primary language is Welsh and who communicates as a family or socially in Welsh should have access to important health information in Welsh. Any necessary assessment of capacity for purposes of consideration of assisted dying, and any assessment of coercion, must be in person and in Welsh if that is the person’s preferred language.”

Dr Davies further states that it is not possible to confidently assess the decision-making capacity of a Welsh speaker in their second language. Superficial conversations in English often fail to demonstrate that a Welsh speaker with significant health problems is confused or does not have a good understanding of their own health condition and treatment options. The presence of confusion or lack of information may become apparent only during detailed conversations with a Welsh-speaking healthcare professional. It can be extremely challenging to detect the presence of coercion, and the nuances of family dynamics will not be apparent to a non-Welsh-speaking professional when the language spoken in the family is Welsh, so it will not be possible to make any assessment of the presence or absence of coercion. That is what Dr Davies says.

The office of the Welsh Language Commissioner believes that there must be provision in the Bill to ensure that a person’s choice of language is considered, recorded and matched with further provisions, including a Welsh-speaking specialist panel. The commissioner’s office agreed that such an amendment relating to the specialist panel is very important. It stressed that a Welsh-speaking panel will be able to provide the same service in English to individuals who are not receiving assistance through Welsh, so the requirement in amendment (a) should not, in and of itself, necessarily mean recruiting more individuals or more panels. None the less, I feel that I must allay fears that it would require every member of every panel in Wales to be able to speak Welsh. It does not. That is not the intention of the amendment, nor is it in its wording. Fluent proficiency is required of all panel members only when the panel is making a decision in relation to a person whose preferred language is Welsh.

So far, the response I have received from Ministers is that this private Member’s Bill does not require specific requirements on Welsh language rights in it and that these rights are already enshrined in law. The hon. Member for Chesham and Amersham and I have written to the Minister as regards discussing how the legislation should operate in relation to Wales and devolution—he had previously committed to a meeting—but we have yet to receive a response. I have withdrawn previous amendments in anticipation of that very meeting, but in this instance—as the provision of interpreters to communicate between the individual and the people charged with being the final guardians of safeguarding is wrong—I will push the amendment to a vote, because I do not believe that the issue is covered in legislation as things stand.

[The Chair]

I call Naz Shah for part 2.