Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting)

Tom Gordon Excerpts

Committee stage
Tuesday 25th March 2025 Public Bill Committees

[Liz Saville Roberts]

I rise to support amendment 535. I do not intend to say much, because the hon. Member for Richmond Park has made many of the points I wished to make. The amendment recognises that an opinion was stated in a debate in the Senedd in October, which dealt in detail with the principles of this Bill, and that Professor Emyr Lewis told us that one way of recognising that would be to consider different commencement provisions in Wales.

Reference has been made to the different criminal law arrangements in England and Wales to do with smacking children, and during covid there were quite definitely different arrangements between England and Wales. After a quarter of a century of devolution, we have devolution divergence, and we are seeing that in action.

We have already accepted the principle that there are aspects of the Bill that are devolved, responsibility for which must be passed to Welsh Ministers. We are still debating the wording of that, but we are working towards it, and I think we have accepted the principle of it. We should also acknowledge that the Senedd and Welsh Ministers may well be able to make a move that would have the same effect of changing the commencement date, but I support the amendment because it shows that we are acknowledging the consequences and implications of a legislative consent motion. Incidentally, I could often stand up here and talk about the fact that legislative consent motions can be overridden by Westminster, but we are working from the point of view of seeking to respect devolved powers alongside the powers that we have here, so I will be supporting amendment 535.

[Tom Gordon (Harrogate and Knaresborough) (LD)]

It is an honour to serve under your chairmanship, Sir Roger. I rise regretfully to speak in opposition to amendment 548, which would extend the implementation period from two to four years. I start by saying that I have had complete and utter admiration for the hon. Member for Spen Valley throughout this process, and I appreciate that she said herself that she had tabled the amendment in disappointment—I will echo a lot of what she said.

We are here today because we acknowledge that there is an injustice—that the current law for assisted dying is failing people. It forces people who are terminally ill and in unbearable pain to make impossible choices; it compels them to travel overseas, away from the comfort of home, to die in unfamiliar surroundings; it punishes grieving families by forcing them to endure police investigations for simply standing by their loved ones; and it denies dignity in death and peace in grief. We have recognised that as unacceptable, and that is why we are here debating the Bill.

The delay brought about by the amendment would tell those same people that they must wait. People have already been waiting far too long. The amendment would tell them that their suffering is not seen as important enough and that their right to a peaceful death has to be postponed. It is not justice, and we must not allow it. We know that the British public overwhelming support a change in the law. People want to see assisted dying laws in place during this Parliament, not in some uncertain future. They will not accept delay, and I do not think they will be particularly forgiving of excuses.

If we allow the implementation period to be extended to four years, we will be seen to be kicking the can down the road. Comments have been made about how the implementation would potentially be before the next general election, but there is no guarantee or certainty of that. It is in the gift of the Prime Minister to decide when the next general election is called. I cannot think of a more worrying instance of a newly elected Government having to implement a big societal change, but the amendment could make that a possibility. No Parliament can bind the next, and legislation that has been passed but not enacted could be quickly abandoned. We cannot allow that to happen; the cost would be too great. For people out there who have been campaigning for years, that would be a catastrophe. This is not an abstract policy debate; it is about real people who are suffering right now and cannot afford to wait.

A number of people have been in touch to make clear their views on the amendment. Tim Wardle, a terminally ill man from Devon with bladder, prostate and lung cancer, said that “even a slight delay beyond the two years currently proposed is not fair or reasonable. I hope the proposal is defeated.” Clare Turner, a mother of two with stage 4 breast cancer, made it even clearer, saying, “This is outrageous for terminally ill people like me. Every delay means more suffering, more people forced to endure unbearable pain against their will. This Government needs to stop dragging its feet and act now.” I appreciate that it is not the Government who are promoting the Bill, but that is the reality for people and, as uncomfortable as it is to hear those stories, we must hear them and we must listen.

It is not just people who are terminally ill who are anxious about a change in the law. Every time that I have spoken to my mum on the phone during this Committee process, she has asked me how it is going, what the process is and what the end date will be. It popped up on Facebook yesterday that it is eight years since she received her all-clear from breast cancer, but it still hangs over her. When she was diagnosed, she had two independent tumours, and her mum and her sister—my gran and my aunt—had both had breast cancer too. While there was no genetic testing to show a link, the doctor said, “This is probably going to come back, and you will probably end up with breast cancer again.”

My mum had post-traumatic stress disorder from that experience of going through cancer treatment—through the mastectomy and the recovery. It was prolonged and, to this day, there are complications as a result of the procedure and the chemotherapy. It was traumatic for the entire family, and my mum has long said that, if she had to go through something like that again, or if she ended up with secondary breast cancer at a later date, she would want this option. Every time I have spoken to her, she has been really heartened to hear the progress that the Committee has been making on the Bill, and when we spoke about this delay, it crushed her heart—and it has mine, too. Just having the option would give her—someone who does not have a terminal diagnosis or anything, necessarily, just yet—peace and comfort.

Supporters of amendment 548 will say that we need four years to get this right, but I want to know where the evidence for that claim is. It has not been clearly set out. Other countries have managed to implement similar laws in far less time. Spain implemented its law in just three months after the passage of a Bill; Jersey and the Isle of Man are aiming for an 18-month implementation period. Indeed, no country has taken longer than two years. The only example of a particularly protracted and prolonged process was in Oregon, and that was because of legal challenges.

The NHS has demonstrated time and again, particularly during covid, that when there is a need, it can act swiftly and decisively. When we set a deadline, civil servants will work towards it. We have some of the best civil servants in the world, and I commend them for their work. Throughout this process, we have examined the Bill line by line to ensure that it is the strongest, most robust assisted dying legislation in the world. We have strengthened its safeguards and refined the eligibility criteria, although I appreciate that I have had different views from some on the Committee about that. We have embedded rigorous oversight mechanisms and ensured that every step is guided by medical expertise. We have drawn from the best of international practices. We have learned from the experience of jurisdictions that have successfully implemented assisted dying laws with compassion and care.

The Bill is not a rushed or reckless piece of legislation; it is carefully crafted, and it balances the right to choose with the need for stringent protections. To delay its implementation from two years to four years, after such thorough debate, scrutiny and refinement, would undermine the very care and diligence that the Bill has been shaped by. Delaying implementation is not simply a neutral decision; it is a decision to prolong the lack of choice for people with terminal illnesses. It is a decision to deny them the ability to die on their own terms. It is a decision to force more families into impossible situations—watching their loved ones suffer, facing investigations for simply accompanying them abroad, being unable to grieve properly because they cannot even bring the body home. That is the reality of such a delay, and we have the power to stop it.

We cannot allow interference from Government, or wherever this has come from, at the last moment. This is my frustration: the amendment was tabled at the very last moment, without an explanation of where it has come from. We must listen to the people who are at the heart of the Bill. We must listen to the public and all the people who have given us input, to make sure that we end up with a Bill that takes into account the need for compassion and does not prolong the timetable for people. It is therefore with regret that I will vote against amendment 548.

[Several hon. Members rose—]