Kim Leadbeater MP: speeches

Speeches

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  The hon. Member is making some interesting points, but they are not related to the point of this amendment, which talks about the doctor being given more money for approving the request. That is not quite the same point that he is making.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  I beg to move amendment 547, in clause 42, page 24, line 19, at end insert— “(1A) Section (Voluntary Assisted Dying Commissioner), except subsection (4) of that section, and Schedule (The Voluntary Assisted Dying Commissioner) come into force at the end of the period of one year beginning with the day on which this Act is passed.” This amendment provides that the clause and Schedule relating to the Commissioner, except subsection (4) of the clause, come into force one year after Royal Assent.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  It is a pleasure to serve under your chairship, Sir Roger. At the risk of repeating what has already been said before by various members of the Committee, amendments 455 and 456 are important amendments that further strengthen the oversight, transparency and implementation of the Bill, particularly in relation to protected characteristics. Clause 34(1) already establishes the requirement of an annual report to be produced, but amendment 455 goes further by mandating that this report must also include detailed information about how the Bill applies to individuals with protected characteristics. Those are the groups identified in the Equality Act 2010, such as by age, disability, gender reassignment, race, religion and others. Furthermore, the amendment ensures that the report will not only cover those protected characteristics, but any other group that may be specified in regulations set by the Secretary of State, which provides the ability to adapt and to ensure that the Bill is applied fairly to all groups as societal needs and considerations evolve. Amendment 455 also ensures that the commissioner consults relevant stakeholders when preparing the annual report, specifically, the chief medical officers for both England and Wales, along with representatives of groups advocating for those with protected characteristics. This collaborative approach ensures that the report is as comprehensive as possible. Of course, the report will also be supported by additional details and regulations, the doctors’ reports, and the review of the Bill as set out in clause 35. As such, I am confident that the reporting mechanisms set up under these provisions provide a thorough oversight for the assisted dying process. Amendment 450 negatived. Amendments made: 387, in clause 34, page 20, line 34, leave out “relevant Chief Medical Officer’s” and insert “annual”. This amendment is consequential on Amendment 382. Amendment 220, in clause 34, page 20, line 36, leave out paragraphs (a) and (b) and insert— “(a) a report about the first assessment of a person does not contain a statement indicating that the coordinating doctor is satisfied as to all of the matters mentioned in section 7(2)(a) to (g); (b) a report about the second assessment of a person does not contain a statement indicating that the independent doctor is satisfied as to all of the matters mentioned in section 8(2)(a) to (e);” Amendment 388, in clause 34, page 20, line 40, leave out paragraph (c) and insert— “(c) a panel has refused to grant a certificate of eligibility;” . — (Kim Leadbeater.) This amendment is consequential on NC21. Amendment proposed : 451, in clause 34, page 20, line 43, at end insert— “(e) there were complications in the procedure. (2A) The Commissioner’s report must include analysis of the following— (a) information about the patients’ diagnosis/es; (b) information about the patients’ prognosis; (c) any instances where concerns were raised about the patients’ capacity; (d) any instances where concerns raised about the patient being coerced; (e) any concerns raised by the multi-disciplinary panel; (f) any concerns raised by family members; (g) and demographic data on the patients, including socioeconomic data, information on protected characteristics; and (h) data obtained from the recording of the consultation.” — (Naz Shah.) This amendment would require reporting under section 34 to include various information on diagnoses, complications, concerns about capacity and other matters . Question put , That the amendment be made.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  I will speak to my new clause 40 and my amendment 546. The purpose of new clause 40 is to establish a requirement for regular reports on the implementation of the Act until all its provisions are fully implemented. This will ensure continuous oversight and transparency regarding the progress of the Act’s implementation. The new clause will mandate the Secretary of State to prepare, publish and lay before Parliament a report on the implementation and progress of the Act as soon as reasonably practicable after each reporting period. The reports must include the progress made on implementing the Act during the reporting period, and the Secretary of State’s plans for implementing the Act in future periods, including an expected timetable for further implementation. The first report must be issued one year after the Act is passed, and subsequent reports are due every six months. The sixth and final report marks the conclusion of the reporting period. The new clause is linked to amendment 546, which will ensure that new clause 40 will be brought into force immediately upon the passing of the Bill, making the reporting requirements active right from the start. This provision is crucial for maintaining accountability and for ensuring that Parliament is regularly updated on the progress of the Act’s implementation and that any necessary adjustments or future plans are communicated effectively. It provides a structured timeline to track the implementation of the Act until all provisions are fully operational.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  Will the hon. Member give way?

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  My hon. Friend makes a really important point, which I will come to in due course, but the thing that we need to analyse is the operation of the Bill. That will not start with the passing of the Bill; it will start with its commencement. It is important that we join the dots between the relevant clauses.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  I beg to move amendment 539, in clause 33, page 19, line 34, leave out subsections (1) and (2) and insert— “(1) The Secretary of State may by regulations make provision requiring a registered medical practitioner to notify the Commissioner of the occurrence of an event of a specified description.” This amendment replaces a power to make regulations requiring practitioners to notify the relevant Chief Medical Officer of certain events, including any events specified in regulations, with a power to make regulations requiring practitioners to notify the Commissioner of any event specified in the regulations.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  I will speak briefly to this clause, because some of what I say will be covered in our debate on other clauses. The title of the clause is “Review of this Act”, so it is important to be clear about what we are reviewing. I am sure members of the Committee agree that it is the operation of the Act that needs to be considered. As such, it is important to join the dots between the relevant clauses of the Bill and differentiate between the passing of this legislation and the commencement of its provisions. I have tabled amendment 548 to clause 42, “Commencement”, which provides that the commencement of the provisions of the Act could be up to four years beginning with the day on which the Bill is passed. I sincerely hope it is sooner than that, but I have tabled the amendment none the less. New clause 40 provides that, until the Act is implemented, the Secretary of State must lay a report before Parliament as soon as reasonably practicable after the first anniversary of the Act being passed, with subsequent reports being laid every six months up to full implementation. It is a comprehensive reporting system, and it is really important to look at what we are reporting on. The reality is that the commencement of the Act could be between two and four years, so a five-year review makes sense. Amendment 452 negatived. Amendment proposed : 493, in clause 35, page 21, line 31, leave out “5-year” and insert “3-year”.— (Daniel Francis.) Question put , That the amendment be made.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  Will the hon. Member give way?

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  It is fair to say that we have had a very valuable discussion on the matters relating to these amendments. I thank my hon. Friend the Member for Penistone and Stocksbridge for the considerable amount of hard work that she has put into researching these issues. As always, her approach has been extremely thorough and diligent. I have been on my own journey regarding the need or otherwise to place definitions in the Bill, but having undertaken the valuable discussions we have had through this Committee—I think this genuinely has been the Committee at its best—along with the expert legal input and advice that my hon. Friend and the Committee have had, I think we are in the right place to enable the courts to ensure that the law is as expansive as possible and to ensure that we do not create a scenario in which certain behaviours from those with mal-intent in relation to the Bill are excluded from its scope. I agree that we should allow the courts to do their job with the broadest possible powers to prosecute offences under the Bill. I echo my hon. Friend’s comments to the Minister about the need for the inclusion of details about these issues in guidance and codes of practice, but I thank the Committee for an extremely useful and productive discussion.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  Amendment 382 and the consequential amendments provide for monitoring, investigation and reporting functions under clause 34 to be carried out by the voluntary assisted dying commissioner. The commissioner will submit an annual report to the appropriate national authority—Parliament or the Senedd—on the operation of the Act, as set out in amendment 389. The appropriate national authority must publish any report received under this section, prepare and publish a response to any such report, and lay before Parliament or Senedd Cymru a copy of the report and the response. I think the Committee is in agreement about the importance of reporting and monitoring under the Act, and I hope it can support these amendments.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  These amendments are drafting changes, but they are important drafting changes, in that they are about the definitions of first assessment, first declaration, second assessment, second declaration and preliminary discussion. They are small but important changes and I hope that the Committee will support them.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  I beg to move amendment 223, in clause 39, page 23, line 4, after “purposes” insert “, and (b) incidental, consequential, transitional or saving provision.” This is a standard power for regulations to include the power to make incidental, consequential, transitional or saving provision.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  I will double-check, but I am pretty confident that those reporting mechanisms are covered elsewhere in the Bill. I am very happy to confirm, but I think they are covered in clauses 7 and 8.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  I beg to move amendment 392, in clause 40, page 23, line 27, at end insert— “‘first assessment’ has the same meaning as in section 7; ‘first declaration’ has the same meaning as in section 5;”. This is a drafting change.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  It is right that there are some exclusions for witnesses and proxies, as set out in the Bill, but although I have no doubt that amendment 454 comes from a good place, it seems both excessive and impractical to conduct a capacity assessment on witnesses and proxies. They are not the patient who is seeking assistance under the Bill, and the role they have is functional and will be overseen by the co-ordinating doctor. The panel can also ask to hear from them if they wish. As such, I cannot support the amendment.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  I thought the hon. Gentleman was quite keen on a judge, but now maybe less so. I hope he is reassured by amendment 455, which requires the commissioner to consult the chief medical officer. That shows really clear intent for the post to have judicial and medical expertise and oversight.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  The hon. Member makes some very fair points, but I think they will be covered by my new clause 40.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  I hope the hon. Member can acknowledge that the motion voted on in the Senedd was very different from the legislation before this Parliament. I hope that I can reassure her, as I have previously, that I am in contact with the Senedd and will be meeting Welsh Ministers. New clause 37 will hopefully also provide some reassurance on issues around devolution.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  This is a standard power for regulations to include the power to make incidental, consequential, transitional or saving provision. This is a minor amendment, and it is a standard but vital measure to ensure the legislation works effectively and cohesively.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  I think that is a very inaccurate representation of the vote that took place in the Senedd.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  I will not test the patience of the Committee by repeating the comments of my hon. Friends the Members for Sunderland Central and for Stroud and, indeed, of the Minister. I am comfortable that subsection (4) as it stands is perfectly acceptable on the remuneration that a doctor can receive. I will not support the amendment.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  I hope that my hon. Friend can take some reassurance from amendment 455, which says that “the Commissioner must consult… the Chief Medical Officer for England” and “the Chief Medical Officer for Wales” when making a report.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  I associate myself with the comments made by others, particularly my hon. Friend the Member for Ipswich, about the fantastic work done by my hon. Friends the Members for Penistone and Stocksbridge and for Bexleyheath and Crayford with regard to this new clause and other amendments. I also associate myself with the comments of the Minister for Care and the hon. Member for East Wiltshire about the fantastic work done throughout this Committee by our Chairs, the Clerks of the House and indeed all the staff of the House, and I pay tribute to colleagues who have served on this Committee; it has been hard work. When I reflect on the criticism—sometimes, sadly, very personal—directed at me when we were putting the Committee together, I remember people saying that it would just be people who all agreed or people who would rush the Bill through. But here we are at this hour. I do not think this has been rushed through; I think we have taken an extremely thorough approach. “No amendments will be made” was the charge. We have made lots of amendments, and we will put the Bill back to the House in an even stronger position than it was in on Second Reading. I pay tribute to everybody involved in the process. Question put and agreed to . New clause 35 accordingly read a Second time, and added to the Bill. Schedules 1 to 6 disagreed to . New Schedule 1 The Voluntary Assisted Dying Commissioner “ Status 1 (1) The Commissioner is to be a corporation sole. (2) The Commissioner is not to be regarded as— (a) the servant or agent of the Crown, or (b) as enjoying any status, immunity or privilege of the Crown. (3) The Commissioner’s property is not to be regarded as property of, or property held on behalf of, the Crown. General powers 2 The Commissioner may do anything the Commissioner considers appropriate for the purposes of, or in connection with, the Commissioner’s functions. Deputy Commissioner 3 (1) The Prime Minister must appoint a person to be the Deputy Voluntary Assisted Dying Commissioner (the ‘Deputy Commissioner’). (2) The person appointed must hold or have held office as a judge of— (a) the Supreme Court, (b) the Court of Appeal, or (c) the High Court. (3) The Commissioner may delegate any of the Commissioner’s functions to the Deputy Commissioner, to the extent and on the terms that the Commissioner determines. (4) The delegation of a function under sub-paragraph (3) does not prevent the Commissioner from exercising that function. (5) The functions of the Commissioner are to be carried out by the Deputy Commissioner if— (a) there is a vacancy in the office of the Commissioner, or (b) the Commissioner is for any reason unable or unwilling to act. Appointment and tenure of office 4 (1) A person holds and vacates office as the Commissioner or Deputy Commissioner in accordance with the terms and conditions of their appointment as determined by the Secretary of State, subject to the provisions of this paragraph. (2) An appointment as the Commissioner or Deputy Commissioner is to be for a term not exceeding five years. (3) A person may not be appointed as the Commissioner or Deputy Commissioner if a relevant appointment of them has been made on two occasions. ‘Relevant appointment’ here means appointment as the Commissioner or Deputy Commissioner. (4) The Commissioner or Deputy Commissioner may resign by giving written notice to the Secretary of State. (5) The Secretary of State may by notice in writing remove a person from the office of Commissioner or Deputy Commissioner if satisfied that the person— (a) has behaved in a way that is not compatible with their continuing in office, or (b) is unfit, unable or unwilling to properly discharge their functions. Remuneration 5 The Secretary of State may pay to, or in respect of, the person holding office as the Commissioner or Deputy Commissioner— (a) remuneration; (b) allowances; (c) sums by way of or in respect of pensions. Staff: appointed by Commissioner 6 (1) The Commissioner may appoint staff. (2) Staff are to be appointed on terms and conditions determined by the Commissioner. (3) The terms and conditions on which a member of staff is appointed may provide for the Commissioner to pay to or in respect of the member of staff— (a) remuneration; (b) allowances; (c) sums by way of or in respect of pensions. (4) In making appointments under this paragraph, the Commissioner must have regard to the principle of selection on merit on the basis of fair and open competition. (5) The Employers’ Liability (Compulsory Insurance) Act 1969 does not require insurance to be effected by the Commissioner. Staff: secondment to Commissioner 7 (1) The Commissioner may make arrangements for persons to be seconded to the Commissioner to serve as members of the Commissioner's staff. (2) The arrangements may include provision for payments by the Commissioner to the person with whom the arrangements are made or directly to seconded staff (or both). (3) A period of secondment to the Commissioner does not affect the continuity of a person's employment with the employer from whose service he or she is seconded. Staff: general 8 (1) Before appointing staff under paragraph 6 or making arrangements under paragraph 7(1), the Commissioner must obtain the approval of the Secretary of State as to the Commissioner’s policies on— (a) the number of staff to be appointed or seconded; (b) payments to be made to or in respect of staff; (c) the terms and conditions on which staff are to be appointed or seconded. (2) A function of the Commissioner may be carried out by any of the Commissioner’s staff to the extent authorised by the Commissioner (but this is subject to sub-paragraph (3)). (3) Sub-paragraph (2) does not apply in respect of— (a) the Commissioner’s function under paragraph 2(1) of Schedule (Assisted Dying Review Panels) of making appointments to the list of persons eligible to be panel members; (b) the Commissioner’s function of determining applications for reconsideration under section (Reconsideration of panel decisions refusing certificate of eligibility). Financial and other assistance from the Secretary of State 9 (1) The Secretary of State may— (a) make payments to the Commissioner of such amounts as the Secretary of State considers appropriate; (b) give such financial assistance to the Commissioner as the Secretary of State considers appropriate. (2) The Secretary of State may— (a) provide staff in accordance with arrangements made by the Secretary of State and the Commissioner under paragraph 7; (b) provide premises, facilities or other assistance to the Commissioner. Accounts 10 (1) The Commissioner must— (a) keep proper accounts and proper records in relation to them, and (b) prepare a statement of accounts in respect of each financial year in the form specified by the Secretary of State. (2) The Commissioner must send a copy of each statement of accounts to the Secretary of State and the Comptroller and Auditor General— (a) before the end of August next following the end of the financial year to which the statement relates, or (b) on or before such earlier date after the end of that year as the Treasury may direct. (3) The Comptroller and Auditor General must— (a) examine, certify and report on the statement of accounts, and (b) send a copy of the certified statement and the report to the Secretary of State. (4) The Secretary of State must lay before Parliament each document received under sub-paragraph (3)(b). (5) In this paragraph, “financial year” means— (a) the period beginning with the date on which the Commissioner is established and ending with the second 31 March following that date, and (b) each successive period of 12 months. Application of seal and proof of documents 11 (1) The application of the Commissioner's seal is to be authenticated by the signature of— (a) the Commissioner, or (b) a person who has been authorised by the Commissioner for that purpose (whether generally or specially). (2) A document purporting to be duly executed under the Commissioner’s seal or signed on the Commissioner’s behalf — (a) is to be received in evidence, and (b) is to be treated as duly executed or signed in that way, unless the contrary is shown. Public Records Act 1958 12 In Part 2 of the Table in paragraph 3 of the First Schedule to the Public Records Act 1958 (bodies whose records are public records), at the appropriate place insert— ‘The Voluntary Assisted Dying Commissioner.’ House of Commons Disqualification Act 1975 13 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying person from membership of House of Commons), at the appropriate place insert— ‘The Voluntary Assisted Dying Commissioner or the Deputy Voluntary Assisted Dying Commissioner.’ Freedom of Information Act 2000 14 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act), at the appropriate place insert— ‘The Voluntary Assisted Dying Commissioner.’ Equality Act 2010 15 In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities subject to public sector equality duty), at the end of the group of entries for bodies whose functions relate to health, social care and social security insert— ‘The Voluntary Assisted Dying Commissioner.’”— (Kim Leadbeater.) This new Schedule contains provision about the Voluntary Assisted Dying Commissioner and the Deputy Commissioner. Brought up, and read the First time. Question put, That the schedule be read a Second time.

• 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source

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  Amendments 491 and 492 would expand the scope of the report that the Secretary of State must prepare at the end of the initial five-year period to include an assessment of the availability, quality and distribution of appropriate services by including care services and end-of-life care. It is not clear what “care services” would cover, and I am concerned about the broadness of that term and the lack of a clear definition, so I am not minded to support amendment 491. Amendment 492 would expand the population that the assessment will cover to include persons with end-of-life care needs alongside those with palliative care needs. That makes sense and, given the purpose of the Bill, the amendment seems sensible, so I am happy to support it. On amendment 397, which would require consideration of the impact on people with learning disabilities, we have had this conversation several times with my hon. Friend the Member for Bexleyheath and Crayford. As I have said previously, he makes a very valid point with reference to this cohort of people, and as such I am minded to support the amendment. Question put, That the amendment be made.