Assisted Dying Bill [HL]

Lord Carlile of Berriew Excerpts

2nd reading
Friday 22nd October 2021 Lords Chamber

[Lord Carlile of Berriew (CB)]

My Lords, I admire greatly many who have conscientiously proposed and supported this Bill and similar legislation over many years, but they must remember that this is their fourth attempt to introduce such legislation in recent years. On every occasion, there have been serious granular concerns about the safeguards provided in the draft legislation for the many particularly vulnerable people who could face the choice being offered. Therefore, it is my view that we are entitled to expect the proponents now to have dealt with all those matters. I am going to address just one legal matter that they have failed to address.

Clause 1 requires the consent of the Family Division of the High Court before suicide can be assisted. If you read it carefully, you see that tests requiring detailed and potentially complex evidential analysis are set out, which inherently raise the possibility of objections by family members, doctors and others. The Bill is silent as to whether one Family Division judge should hear these cases, or a group. One of the consequences of approval, as set out in Clause 4(4)(c), involves active euthanasia by a health professional who would

“assist that person to ingest … the medicine”.

The Bill therefore asks a Family Division judge to approve something that no judge has ever been asked to do since the abolition of the death penalty—namely, intentionally bring to an end the life of another person of full mental capacity and competence.

Have the judges been asked? There are but 20 Family Division judges; they have a heavy workload, much of it concerned with daunting questions of the welfare of children. They are busy men and women, of good conscience. I have heard no evidence at any stage of their opinions being sought, let alone analysed, whether through official channels or otherwise. Why have they not been asked, in a proper way? Why have we not been provided with any evidence of the supposed viability of the proposal?

Let us suppose that 25% of those judges objected to the jurisdiction on grounds of conscience, which would have to be respected, and that there were 1,000 cases a year—a very conservative estimate, given that legislation of this kind tends to create its own culture change, as experience elsewhere has shown. Each case would be bound to take two or three days before the court. In a sentence, the Family Division would be swamped by those cases; it would not be able to do anything else—and this is something that has been wholly and dangerously overlooked, even without asking those judges.

In my view, parliamentary Bills founded on such fragile safeguarding and analysis, especially after years of trying to produce acceptable safeguards, should really not be troubling your Lordships’ House.