Kim Leadbeater MP: speeches

Speeches

• 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.

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

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  I thank my hon. Friend the Member for Ipswich for tabling the new clause. I have some concerns around the broad definition of “family member”. I also feel that it would be potentially excessive if there were a coincidental situation in which, tragically, two members of the same family were terminally ill. I worry about the extra burden it would place on them of going through an even more rigorous process when they had both been assessed under the thorough regime of the Bill, including the multidisciplinary panel. However, the point is worth discussing and I welcome the fact that my hon. Friend has raised it.

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

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  That absolutely is not what we have said.

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

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  My hon. Friend has mentioned a couple of companies. I have to say that I do not know very much about those companies. Are they healthcare providers? Do they deliver healthcare?

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

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  I would have thought, given the hon. Gentleman’s views on the Bill, that he would welcome having an actual offence for the purposes of the Bill. Surely that is something that we should all support.

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

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  I have been desperately trying to find the amendment number—I think it is amendment 500 that looks at what will be recorded, and it covers such data as the hon. Member for Richmond Park is requesting.

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

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  I confirm that I am happy to support amendment 447.

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

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  These amendments to clause 26—and clause 27 to some degree, which I will come on to shortly—are intended to clarify offences under the law. The changes refine the language to ensure that offences relating to dishonesty, coercion and pressure are more clearly defined. The amendments serve to clarify the details of four categories of offences, and I will provide a summary of the four categories. The first category is when someone “by dishonesty, coercion or pressure, induces another person to self-administer an approved substance”. This offence, in clause 26(2), is the most serious offence. It is coercing or pressuring someone to take their own life; it includes coercive control and pressure, and it attracts as the maximum a life sentence—the most severe punishment that the law can impose. The second category of offences includes “by dishonesty, coercion or pressure,” inducing “another person to make a first or second declaration, or not to cancel such a declaration.” This is in clause 26(1). It is where the criminal conduct has coerced or pressured someone to execute or not cancel the declarations—a step in the process, but not actually ending their own life. It is the second most serious offence, and attracts a maximum of 14 years in prison. The third category of offences involves making or using a false instrument—first declaration, second declaration, medical report or within-six-months-or-less diagnosis—or failing to notify the cancellation of a relevant declaration, with the intention of facilitating the provision of assistance under the Act. That actually comes under new clause 24, which will be discussed in relation to clause 27, but I think it is important to look at the offences in the round. This is the third type of offence. It is a new offence, and it covers cases where a person helps another person to obtain assistance under the Act by falsifying documents to get that assistance or to prevent it from being removed. This is still very serious, and attracts a maximum sentence of 14 years. It will most often be applied where the person seeking the assistance wishes to get round the safeguards. The safeguards must be rigorously enforced, hence the same maximum as for the second category of offence.

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

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  Thank you, Chair.

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

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  I will speak briefly on this issue. An important point was made by my hon. Friend the Member for Rother Valley about the protections that clause 25 and these amendments provide for medical practitioners. I think the clause strikes the right balance, but it is important to remove the blanket immunity. My hon. Friend referred to codes of practice and codes of conduct. We have talked a lot about good medical practice from the General Medical Council, and we have a clause in the Bill on codes of practice. I feel confident in the clause, but I am still having regular meetings with officials about the legal implications of the Bill. I will continue those conversations, but I am happy that the clause as it stands serves the correct purpose.

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

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  I beg to move amendment 510, in clause 27, page 16, line 18, leave out “wilfully” and insert “intentionally or recklessly”. This is a drafting change, aligning the wording used here with wording used elsewhere in the clause.

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

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  The amendments ensure that the exclusion from civil liability applies in relation to persons performing functions under the Bill and persons assisting a person seeking to end their own life in connection with the doing of things under the Bill. Importantly, they also rightly exempt from the exclusion from civil liability things done dishonestly or not in good faith, and any liability arising from negligence. Proposed new subsection (1) in amendment 501 makes it clear that anyone providing assistance to a person to end their own life in accordance with the Bill will not face civil liability simply for doing so. That is crucial in offering clarity and confidence for healthcare professionals, family members or others who might otherwise hesitate due to fear of being sued for assisting a loved one or patient who wishes to end their life as a result of their terminal illness. However, although we are providing protection, amendment 501 does not allow for unfettered actions without any accountability. Proposed new subsection (1A) ensures that any actions that are dishonest or done in bad faith are not protected from civil liability. Additionally, it states that breaches of a duty of care, such as negligence, are also not exempt from liability. This provision is a critical safeguard. It ensures that, although we provide legal protection for those acting with compassion and integrity, we also prevent exploitation or irresponsible actions, by making it clear that there is no immunity for actions that are dishonest or negligent. That strikes the right balance between compassionate assistance and legal accountability. The amendment particularly reassures doctors, nurses, and healthcare workers—those who are most likely to be involved in the process. Often, they are deeply committed to palliative care and to supporting patients through their end of life journey, and the amendment ensures that they will not face legal risk if they provide assistance to eligible individuals under the Bill.

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

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  I will be very brief. My understanding is—I think the Minister said this—that the attending practitioner, the medical examiner or anybody else, including family members, could refer to the coroner if they felt it was necessary or suspected anything untoward. If that is the case, I am content that the Bill is fit for purpose as it stands.

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

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  I briefly show my support for these amendments that have been tabled by my hon. Friend the Member for Bexleyheath and Crayford. Amendment 395 agreed to. Amendment made: 396, in clause 31, page 19, line 14, at end insert— “(ba) persons with learning disabilities;”— (Daniel Francis.) Clause 31, as amended, ordered to stand part of the Bill. Ordered, That further consideration be now adjourned. — (Bambos Charalambous.)

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

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  That would be my understanding as well, but I am not a lawyer. Fortunately, a lawyer just tried to intervene on me, so he might want to step in.