‘This was meant to be foolproof’: MPs concerned about possible major change to assisted dying bill

Concerns have been raised about the safeguarding components of the assisted dying bill after the MP who proposed it said cases would not need to be signed off by a High Court judge.

Labour MP Kim Leadbeater is expected to bring forward amendments to her proposal so that a multidisciplinary panel of experts will examine cases and have the power to grant permission for assisted death.

Three-member panels would be chaired by a retired High Court judge, King’s Counsel or a person with similar qualifications – and their decisions could “if required” be reviewed by the High Court.

In the initial version of the Terminally Ill Adults (End of Life) Bill, which was backed by MPs in November, a High Court judge would have to approve requests for assistance after assent from two doctors.

More than 60 MPs said in the bill’s second reading they voted for it because of the High Court judge aspect, while another 20 referred to the judicial safeguards.

Ms Leadbeater has described the amended plan as a “judge plus” system, arguing that it strengthens safeguards against pressure or coercion as it gives an “enhanced role for professionals such as psychiatrists and social workers”.

However, assisted dying critics say safeguards have been watered down, with Tory minister Danny Kruger calling the change “a disgrace”.

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Opinions remain divided after assisted dying vote

Conservative shadow crime minister Matt Vickers told Sky News “huge concerns” about safeguarding is the reason assisted dying is not currently legal, but said those who brought forward the bill “said all those safeguards were in place”.

He added: “This is one of the things on which this idea was sold, on which it was taken forward and put through the House of Commons.

“And now we see that there’s wriggling on it, that they’re changing some of those safeguards and checks that were meant to be put in place. This was meant to be foolproof. It needs to be foolproof because it needs to protect vulnerable elderly people.”

Labour MP Diane Abbott said the bill was “rushed, badly thought out legislation” which “needs to be voted down”, while former Lib Dem leader Tim Farron said “even the weak safeguards that existed are being dropped”.

The proposal will be voted on by a committee of MPs who will begin going through the bill line by line on Tuesday, however, the new amendment on High Court judges is not expected on the first day.

The committee, selected by Ms Leadbeater, has a 14-9 majority in favour of assisted dying based on November’s vote.

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How did MPs vote on assisted dying?

‘There’s a role for other experts to play’

In an interview with Sophy Ridge on Sky’s Politics Hub, filmed on Monday afternoon, Ms Leadbeater was challenged about whether a High Court judge would be specifically required in all cases.

“I think there’s a role for other experts to play,” she said and referred to expert evidence politicians have been hearing about the Terminally Ill Adults (End of Life) Bill.

“I think what came through in the evidence was the need for a multidisciplinary approach. That’s something I’m giving serious consideration to.

“I think the legal oversight is really important, but I think that multidisciplinary approach could actually enhance the bill even further,” she added.

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The new proposals would also involve the creation of a Voluntary Assisted Dying Commission to oversee all applications, chaired by a High Court judge or senior former judge.

Cases would be referred to multi-disciplinary panels which can grant approval.

The panel is tasked with ensuring people have the capacity to make the decision without pressure or coercion.

The bill also requires two independent doctors to submit reports on each person applying for permission to die.

In January, learning disability charity Mencap warned that discussions around the option of assisted dying might risk pushing “people in a course that they don’t, they may not want to go down”.