Assisted Dying Bill

You are doubtless aware the Bill passed its latest stage in the Commons by 314 votes to 291 - a majority of just 23, down from 55 at Second Reading. In percentage terms this works out at 51.9% in favour and 48.1% against. Ironically that is exactly the same result as in the Brexit referendum and in my view represents a similarly grave error of judgement.

As I said I would, during my speech at Report Stage, I again voted against the Bill.  Despite having no religious or philosophical objection to assisted dying, neither the state of palliative care in this country, nor the safeguards against coercion in all its forms, are, in my estimation, sufficient to vote in favour of the Bill, notwithstanding the changes introduced at Committee Stage.

I tabled two amendments at Committee Stage to ensure the many safeguards everyone agrees will be required under the legislation, would be subject to parliamentary scrutiny. Unfortunately the Speaker did not select my amendments for a separate vote which strengthened my opposition to the Bill.

That meant the legislation before us continued to give Ministers enormous powers absent any parliamentary oversight. I consequently decided to try and speak again at Third Reading to emphasise how the Bill was granting, whosoever is in power (most likely after the next election) a blank cheque over something that will fundamentally and irrevocably change the relationship between the citizen and the state.

As I had spoken at Report Stage the chances of being called again were slim and, despite bobbing for 4 hrs I was unsuccessful.  

Despite the Bill passing at Third Reading that is not the end of the matter. It now moves to the Lords where it will go through exactly the same process as in the Commons. Unless it passes through all those stages unamended it will then come back to MPs for further consideration.

The Bill will only become law once its final form has been agreed by both Houses. Until then a process colloquially known as “ping-pong” ensues, with the Bill bouncing back and forth between the two Houses. Unless agreement is reached before the end of the current parliamentary session (which is likely to be sometime next year) the Bill will fall. 

Whether that will happen or not with this legislation is unclear at this stage. As you will recall the Terminally Ill Adults (End of Life) Bill is a Private Members’ Bill and by convention the House of Lords does not amend or reject such Bills, where they have successfully passed all their Commons’ stages.

However there are a number of reasons why the normal convention might not apply on this occasion. It is commonly accepted by many expert bodies including the Royal College of Psychiatrists and the Royal College of Physicians that the Bill in its current form is not fit for purpose. Indeed, even some MPs voting for the Bill, privately admitted as such. There is consequently considerable pressure on the Lords to properly fulfil their constitutional function as a revising chamber notwithstanding the normal convention. It is even conceivable (though unlikely) the Lords might be emboldened enough to reject the Bill in its entirety as, unlike at Second Reading (when it received 331 votes) it did not receive the backing of a majority of MPs at Third Reading (where it received only 314 votes). In either of these situations the Bill will be  returned to the Commons for further consideration which, as a Private Members Bill, will again be subject to the limited time available for such legislation. 

This is, of course, all speculation at this stage but I will endeavour to keep you informed of any significant developments as and when I become aware of them. In the meantime can I assure both supporters and opponents of assisted dying I will do all I can to play a critical but constructive role in the process.