Labour MP Kim Leadbeater, who is behind the proposed Assisted Dying Bill, has suggested replacing the current requirement for High Court approval with a panel of experts to review applications. The bill, which would allow terminally ill adults in England and Wales to seek assistance in ending their life, is currently being examined by MPs.
Under the existing proposal, a High Court judge is required to confirm that the individual is eligible for assisted dying and ensure they are not being coerced into the decision. However, Leadbeater is now advocating for the establishment of an expert panel to oversee applications. This panel would include professionals such as psychiatrists, social workers, and a senior legal figure—though not necessarily a judge.
The proposed change comes after concerns were raised about the High Court’s capacity to handle each individual case. Leadbeater believes this shift to an expert panel will strengthen the system and provide even more robust safeguards. “This will make the system even more robust,” she said, emphasizing that the judicial oversight would still be maintained through the panel structure.
Critics, however, may view the change as weakening the safeguards that have been central to the bill. The bill, if passed, would allow terminally ill adults who are expected to die within six months to request assistance in ending their life. Leadbeater’s suggestion would ensure that while the panel is chaired by a senior legal figure, other professionals with expertise in mental health and social work would be included in the review process.
The panel would be selected by a Voluntary Assisted Dying Commission, which would be led by a High Court judge or a senior former judge. The commission would monitor all assisted death cases and report annually on the number of applications, approvals, and rejections.
Leadbeater stated that the changes would not eliminate judicial scrutiny, but instead introduce a “judge plus” model, incorporating additional expertise. She acknowledged that the inclusion of professionals such as psychiatrists and social workers would provide a broader perspective on whether the individual is making their decision freely and without coercion.
The bill has already sparked heated debates. Retired High Court judge Sir Nicholas Mostyn, speaking to the committee, expressed concerns that the High Court would be unable to review every assisted dying case, suggesting instead that a panel of experts should oversee the process. He argued that this approach would streamline the process, with both a doctor and a lawyer required to confirm that the application follows the law.
While Leadbeater has welcomed the expert input, she has reiterated that the bill’s safeguards remain the most comprehensive globally. “I promised to give close attention to the advice we have received on how the bill could be made even stronger,” Leadbeater said. “Many of those who gave evidence to the committee recommended an enhanced role for professionals such as psychiatrists and social workers, and I agree that their involvement will make the system even more robust.”
As the bill continues to be scrutinized, there are ongoing discussions about potential amendments. One proposal, tabled by Liberal Democrat MP Tom Gordon, seeks to extend the eligibility for assisted dying to those with a neurodegenerative condition such as Parkinson’s, allowing them to access assisted death within 12 months of their diagnosis. The current bill restricts access to individuals with a terminal illness expected to live for six months or less.
Critics, including Labour MP Jess Asato, worry that this change may dilute the bill’s original safeguards. Asato voiced concern over the late amendment and questioned whether the bill was being rushed through without sufficient consideration of its potential consequences.
Despite these concerns, MPs have already voted to legalize assisted dying in England and Wales, with a majority in favor of the proposals. However, further debates are expected in the House of Commons and Lords later this year, and the final version of the bill will require approval from both houses before it can become law.
Stay tuned to London Pulse News for further updates on the progress of the Assisted Dying Bill and its potential impact on healthcare and legal practices in England and Wales.
