Terminally Ill Adults (End of Life) Bill

Debate between Simon Opher and Caroline Nokes

Friday 16th May 2025 Commons Chamber

[Madam Deputy Speaker]

I reassure the hon. Lady that I have heard her point. I repeat that I will not make a pre-decision on any closure motion that has not yet been moved.

[Dr Opher]

I will be very quick, Madam Deputy Speaker, because I am aware of the need to fit in as many people as possible.

I will address a few issues on the assessment of capacity under new clause 9. One key point about assessing capacity as a doctor is that in most cases it is very clear cut: someone either has capacity or they do not. That is quite easy and quick to establish. With a very small number of patients, it is more difficult. By amendment to the Bill made in Committee, we must now refer such a person to a consultant psychiatrist for an assessment by a specialist. They are then in the best position to assess those very difficult points of capacity. That very much strengthens the Bill.

I will speak very briefly to new clause 1. As doctors, we must, under our ethical obligations, give options to patients. If we are absolutely forbidden to do that—new clause 1 would make it a crime, so we could be convicted for doing so—that totally wrecks the doctor-patient relationship. It is unprecedented and unworkable.

--- Later in debate ---

[Sarah Russell]

I thank my hon. Friend for giving way. On that point, I have particular concerns—

[Madam Deputy Speaker (Caroline Nokes)]

Order. May I just clarify whether the hon. Gentleman was giving way?

[Dr Opher]

Yes, I am happy to give way.