Supporters of Kim Leadbeater’s bid to legalise assisted dying through the Terminally Ill Adults (End of Life) Bill seem to have switched focus. Rather than defending the Bill as actually drafted, the priority now seems to be persuading undecided MPs with concerns to vote for the Bill at second reading on the grounds that they will be able to scrutinise and amend the Bill later on.
The strategy reflects the fact that many politicians and groups who are not opposed to assisted suicide in principle have raised significant concerns about the lack of safeguards and other dangers with the current bill. For example, human rights organisation Liberty, which has long supported assisted suicide, argues that “there are significant shortcoming in this Bill that present serious safeguarding risks which are hard to look past.”
Is it reasonable for MPs who are similarly concerned about the lack of safeguards in the Bill still to vote in favour at second reading? Part of the answer relates to the level of scrutiny the Bill is likely to get post-second reading. Constitutional expert Nikki da Costa has pointed out how factors such as the lack of pre-legislative process and impact assessment limit the effectiveness of scrutiny for significant private members bills, a concern also raised by the Institute for Government.
But MPs also need to consider which of the Bill’s problems might realistically be amended and which are more fundamental. Many concerns that have been raised could feasibly be addressed later on. One concern is that doctors will be permitted to raise the issue of assisted suicide with their patients thereby adding pressure on vulnerable people to consider ending their lives. Given that other places like Victoria in Australia explicitly forbid this practice, it seems feasible that an amendment to remove this permission could be considered by MPs before third reading.
Others worry about the lack of an effective conscientious objection clause. Although doctors are not required to participate in helping patients to end their lives, the Bill would require them to refer the patient on to another doctor who is. For many doctors, even referring a patient in this way would go against their conscience and some are understandably asking for clarity about whether they would be struck off if they refused to do so. Further, there is currently no right to opt out of the process for judges.
Given that the conscience clause in the Abortion Act does not contain the requirement to refer patients on, it again seems feasible that MPs could deal with the issue by considering an amendment that would remove this requirement. A commitment from the Bill’s backers that they would accept amendments to deal with both these issues could make a big difference to undecided MPs’ willingness to support at second reading.
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