MPs Urge Rejection of the Legislation Following Proposal to Replace High Court Judge Oversight

A major controversy has erupted over proposed amendments to the Assisted Dying Bill, as Labour MP Kim Leadbeater announced plans to remove the requirement for a High Court judge to approve assisted death applications. The change has sparked a backlash, with critics arguing that it undermines the safeguards originally intended to protect vulnerable individuals.

Leadbeater, who is behind the legislation, suggested that psychiatrists and social workers would play a larger role in evaluating applications for assisted death, as part of a new Voluntary Assisted Dying Commission. The commission would be led by a senior legal figure, possibly a former judge, but would no longer involve direct High Court involvement in the decision-making process.

Several MPs, including Labour’s Diane Abbott, have voiced strong opposition, calling for the bill to be voted down. Abbott described the removal of the High Court judge safeguard as the collapse of essential protections, labelling the legislation as rushed and poorly considered.

Tim Farron, former leader of the Liberal Democrats, also criticised the move, stating that many MPs had supported the bill in its initial stages under the belief that stronger safeguards would be added later, only to see these safeguards eroded. Conservative MP Danny Kruger echoed these concerns, pointing out that the High Court approval, which was initially sold as a key safeguard, has now been replaced by a private panel without judicial oversight.

The Law Society had previously raised concerns that the original safeguards were insufficient but had questioned the role of the courts due to resource limitations. In response to the amendments, the Society warned that more detailed records of why assisted deaths are approved should be required and that regulations should be publicly consulted and reviewed regularly.

Leadbeater has defended her proposal, stating that the involvement of professionals like psychiatrists and social workers will ensure that decisions are made with proper attention to the patient’s capacity to make a voluntary choice. She also pointed to the importance of keeping the process simple, as advised by England’s chief medical officer, Professor Sir Chris Whitty, to avoid bureaucratic delays for patients with terminal illnesses.

The bill, if passed, would allow adults with terminal illnesses in England and Wales to seek assisted death, with approval from two doctors and, under the original proposal, a High Court judge. However, the latest amendments suggest a shift away from judicial oversight, with Leadbeater emphasising that this change would make the system more robust and responsive.

As the bill proceeds through the legislative process, MPs on the committee will conduct a detailed review starting this week. No date has been set for the bill’s return to the House of Commons, but it is expected to be debated again in April.