Assisted Dying - Bill passes second reading in House of Commons

The Private Members' Bill proposed by Kim Leadbeater MP passed second reading in the House of Commons by 330 votes to 275.

The debate of Friday 29 November is at Terminally Ill Adults (End of Life) Bill - Hansard - UK Parliament

How individual MPs voted is shown at Terminally Ill Adults (End of Life) Bill (Division 51: - Hansard - UK Parliament

The Bill will now proceed to Committee Stage to be considered by a Public Bill committee which will have power to send for persons, papers and records.

The text of the Bill (on the day of 2nd Reading) is at - Terminally Ill Adults (End of Life) Bill (pdf) and Explanatory Notes are also available Terminally Ill Adults (End of Life) Bill (pdf - 22 pages).

Assisted dying bill for England and Wales: what amendments are likely to be proposed? | Assisted dying | The Guardian

Assisted Dying - Two Bills before Parliament

Updated 14 November 2024

Previous post - Law and Lawyers: Assisted Dying Bills ~ Background information.

This post takes a brief look at two Private Members' Bills about "Assisted Dying" currently before Parliament. 

There are of course those who are strongly in favour of legislation permitting such assistance to, at least, the terminally ill. There are also those who are strongly opposed.  This post does not discuss the underlying ethical or moral issues.

Two Bills

On 4 July 2024, a Bill was introduced in the House of Lords by former Lord Chancellor - Lord Falconer of Thoroton. It is the Assisted Dying for Terminally Ill Adults Bill [HL] - Parliamentary Bills - UK Parliament

On 16 October 2024 in the House of Commons, Kim Leadbeater MP introduced the  - Terminally Ill Adults (End of Life) Bill (pdf). The text of this Bill was published on 12 November 2024 and Second Reading is scheduled for 29 November - Terminally Ill Adults (End of Life) Bill - Parliamentary Bills - UK Parliament. Explanatory Notes for Leadbeater's Bill are also available.

Kim Leadbeater's Bill

This is

Sentencing Review ~ some of the issues

On 21 October 2024, the prison population of England and Wales stood at 87,465 against a Useable Operational Capacity of 89,136 - Prison population: weekly estate figures 2024 - GOV.UK. That is a prison service sailing close to the wind at 98,13% full.

6 years ago, on 3 August 2018, the figures were 83,107 against capacity 86,012. That is 96.62%.

Admittedly that is a mere snapshot but indicates a system that has NOT suddenly started to struggle but one that has been running close to capacity for many years. The capacity issue ought to have been addressed by the previous government. 

Action taken by the present government includes Emergency action taken on prison population and the announcement of a Landmark Sentencing Review launched to end prison crisis - GOV.UK to be led by former (Conservative) Secretary of State for Justice / Lord Chancellor Mr David Gauke.

Whilst the sentencing review has some limitations such as

Review of Sentencing

The government has announced a review of sentencing to be led by former Secretary of State for Justice and Lord Chancellor Mr David Gauke - 

Landmark Sentencing Review launched to end prison crisis - GOV.UK

The Review has been set up against the background of prisons running very close to capacity. The announcement states that the review will make sure the most serious offenders can be sent to prison to protect the public, and that the country always has the space needed to keep dangerous criminals locked up.

Launched on the day more prisoners will be leaving jail under an emergency release scheme due to chronic overcrowding, the review will make sure no government is ever placed in this position again.

Previous post - Law and Lawyers: Emergency action to be taken on prison population

Terms of Reference - Independent Sentencing Review 2024 to 2025 - GOV.UK

Assisted Dying Bills ~ Background information

Update 11 November 2024 - Addendum with link to text of Leadbeater MP's Bill and explanatory notes

The term "Assisted Dying" generally refers to a person who is terminally ill receiving lethal drugs from a medical practitioner, which they administer themselves - (What do assisted dying, assisted suicide and euthanasia mean and what is the law? - BBC News.

In The Queen (Mrs Dianne Pretty) v DPP  and Secretary of State for the Home Department Lord Bingham noted that the issue is a subject of profound and fully justified concern to very many people. The questions whether the terminally ill, or others, should be free to seek assistance in taking their own lives, and if so in what circumstances and subject to what safeguards, are of great social, ethical and religious significance and are questions on which widely differing beliefs and views are held, often strongly. 

This post is confined to the legal issues relating to assisted dying and the profound questions it raises are left to one side. Any change to the existing law will have to be very clearly drafted and must clearly address the circumstances and safeguards referred to by Lord Bingham.

The law

Suicide was a criminal offence

British Indian Ocean Territory

The UK government has agreed with Mauritius - (a nation within the Commonwealth) - to settle historic sovereignty claims over British Indian Ocean Territory (BIOT). Negotiations started in 2022 under the previous (Conservative) government.

Mauritius will assume sovereignty over BIOT with the UK authorised to exercise the sovereign rights of Mauritius regarding Diego Garcia - an island with a military base of importance to UK, USA and others.

The government's announcement notes that the agreement is "political" and will be the subject of a treaty yet to be finalised.

UK-Mauritius deal to protect national security – safeguarding the operation of strategic military base - GOV.UK (www.gov.uk)k)

General material:

Some recent new material

The Supreme Court of the UK has been operational for 15 years. See the report from the House of Commons LIbrary 

The UK Supreme Court - House of Commons Library (parliament.uk)

The Criminal Cases Review Commission has published online a Case Library

Case Library - Criminal Cases Review Commission (ccrc.gov.uk)

HM Inspectorate of Prisons has published

A decade of declining quality of education in young offender institutions: the systemic shortcomings that fail children - GOV.UK (www.gov.uk)