Health and Care Bill

Lord Sentamu Excerpts

Lords Hansard _ Part 1 & Report stage
Wednesday 16th March 2022 Lords Chamber

[Baroness Hollins (CB)]

My Lords, I do not understand why it is a conscience vote if it is not about the substance or the subject but somehow about parliamentary process. That does not seem to me to be a matter of conscience.

The point is that people want better care at the end of their life. The amendment to this Bill from the noble Baroness, Lady Finlay, is a game-changer. I wonder how many noble Lords understand that something has changed during the passage of this Bill. For the very first time, people will now be eligible and able to have palliative and hospice care at the end of their lives commissioned by the NHS. It is the responsibility of all integrated care boards to commission proper, good palliative care so that the poor care and poor deaths that people in this House are afraid of will be a thing of the past.

This is the wrong time to talk about introducing lethal drugs as a last resort. We should be looking forward with optimism and hope about how things have changed. This is also relevant to my noble friend Lady Meacher’s Bill. Noble Lords have questioned the motives of Peers who have tried to amend that Bill. It needed to be amended and scrutinised. My amendments were all about palliative care—this was before the game-changer of universal palliative care—being available before people are offered the only option of lethal drugs. If lethal drugs are the answer, why was this not an amendment to introduce lethal drugs to enable people to be assisted in their own suicide? Palliative care will reduce the supposed demand for physician-assisted suicide.

I think the statistics have been misrepresented. Only 10 US states have legalised physician-assisted suicide, despite the supposed success in Oregon. Maybe they have recognised that palliative care decreases rather than increases when lethal drugs are available. Some 200 attempts to introduce physician-assisted suicide in the United States have been defeated.

[Lord Sentamu (CB)]

My Lords, I do not want to detain the House long. The noble Lord, Lord Forsyth, told us that this is not to open the debate in favour of or against assisted dying but, as the debate has gone on, there has been an opening up of that debate. We have to look very carefully at what was given to us by the noble and learned Baroness, Lady Butler-Sloss, on the constitutional question. This amendment is not saying that the Government must find time to debate this matter but instructing the Secretary of State.

This is a revising Chamber. It is made up of unelected people telling the Government in the elected place that they must produce a Bill and it must be given time. That is my worry. My views on assisted dying are very clear. I will debate it whenever the issue comes back again, but the issue for me now is to avoid what was happening towards the end of Theresa May’s Government, when the Back-Benchers were trying to take control of government business. That led us into a mess.

I am not against speaking in favour of any Government of any colour, because I have never been a member of any party, but I want to observe how the liberalisation of homosexuality actually happened. Michael Ramsey, as Archbishop of Canterbury, began a debate in your Lordships’ House because of what had happened to Turing and many other people. He just thought: is it natural justice that consenting adults should actually be prosecuted and have to go through horrendous treatment, some of them facing horrendous stuff? The debate happened here and what was the result? It was the Wolfenden report. That recommended that this should be debated and a Minister of the Government, and Mr Jenkins on behalf of the Labour Party, joined in the debate and what happened? The law was passed. Where did it start? It started in the elected Chamber.

I have a real concern that we, as a revising Chamber, are not even considering a Bill that has actually come from the Government but instructing the Secretary of State to produce a Bill within a year of this coming into being and saying that it must be debated. Does this respect our position and why we are here? This is not revising legislation, at which all your Lordships do a fantastic job. Without your Lordships, the Bills in this country would be horrendous. However, let us not overreach ourselves and think that we can instruct the Secretary of State to bring this in. Who is the Secretary of State in this case? is it the Secretary of State for Health and Social Care?

May I please ask that we get another amendment or another Statement to give the House a Private Member’s Bill that needs to be given sufficient time to be debated properly? Also, other people told your Lordships that on 21 September 2015, there was full a debate in the other place.

[A noble Lord]

A long time ago.

[Lord Sentamu (CB)]

Noble Lords might say that it was a long time ago, but it was debated. It is not as if this has never been debated properly. It went through all the processes and unfortunately the Bill was lost. Is this another example of once something is lost, you bring it back again and again? I do not want to be like a particular German Chancellor who lost an election and said, “This is really wrong, we must change the people.” Friends, we are a revising Chamber. We need a bit of humility about our position, and should not think that we can instruct the Secretary of State to bring in a particular Bill because time has been lost.

[Lord Ashton of Hyde (Con)]

My Lords, I detect a sense that the House would like to hear from the Front Benches, but I know that all noble Lords have a right to speak and that the noble Baroness, Lady Grey-Thompson, is very keen to say something. I am sure she will understand that the House wants to hear the Front Benches and that, if my noble friend wants to bring this to a vote, we should get on with it.