Question to the Department of Health and Social Care:

To ask His Majesty's Government, further to the remarks by Baroness Merron on 5 December (HL Deb col 2044), what distinction exists under Articles 2, 8 or 14 of the European Convention on Human Rights which means that a legal challenge would not arise for a person under 18 years old compared to those who are (1) under 21 years old, and (2) under 25 years old.

Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)

At the Terminally Ill Adults (End of Life) Bill committee debate on 5 December 2025, the comments referred to were made in relation to the amendments that had been tabled for consideration in the Lords. There would need to be a reasonable, necessary and proportionate justification to underpin restricting access to assisted dying to any age on the face of the Bill. Although the reasons to support an age limit of 18 years old, as opposed to an age limit of 21 or 25 years old, may well be different. This matter was debated at some length on 5 December 2025, and as I stated in that debate, it is rightly for Parliament to decide on any age-related restrictions and to consider the proportionality of the reasons which underpin them. As the Government is neutral, it is not for the Government to comment on the likelihood of a court upholding any particular case brought to challenge the age on the face of the Bill but it was important to note the general risk to aid the debate in the Chamber.