Today, Lauren Edwards MP is reintroducing the Terminally Ill Adults (End of Life) Bill, which would legalise assisted dying in England and Wales. The bill is intended to be identical to the version previously sponsored by Kim Leadbeater MP, which was passed by the House of Commons before running out of time in the House of Lords earlier this year. If the Commons passes the bill again, the House of Lords will still be able to scrutinise, debate it, and propose amendments. However, as this would be the second successive parliamentary session in which the Commons has passed the same bill, the Parliament Act could potentially be used if it appears likely to run out of time in the Lords again. This would allow the Commons to seek enactment of the bill without the consent of the House of Lords.
As outlined in our evidence, the BGS has significant concerns that the bill does not contain sufficient safeguards for older people, the group most likely to be impacted by a change in the law. Most deaths (70%) in England and Wales are among older people, but the original bill contained no specific safeguards to protect them from abuse or coercion, including societal pressures that may make them feel a burden. The bill also lacked specific provisions to recognise the complex health and social care needs of older people living with multiple long-term conditions, frailty or dementia, nor did it include requirements for a comprehensive needs assessment.
We are alarmed by the Government’s interpretation of the bill’s definition of terminal illness, which could significantly broaden eligibility for assisted dying, particularly among older people. Government advice has been that a person would be eligible for an assisted death if they have multiple conditions which, if taken individually, would not be considered terminal, but when considered together would result in death within six months. This interpretation will include many older people living with multiple and complex health conditions, where predicting life expectancy is known to be fraught with difficulty and often inaccurate.
We urge MPs and members of the House of Lords to support amendments that specifically strengthen the bill’s definition of terminal illness, introduce robust and workable safeguards for older people, and ensure that the complexity of older people’s health and care needs is fully recognised and assessed. The BGS stands ready to assist Parliament in improving the bill and ensuring that it provides the highest level of protection for older people.