As the Assisted Dying Bill progresses through Parliament, Labour MP Kim Leadbeater proposes replacing High Court judges with a panel of experts to oversee applications.
The proposed law for England and Wales currently requires a High Court judge to check each person is eligible and has not been coerced into making the decision to die. However, Kim Leadbeater, the Labour MP behind the bill, suggests replacing this with a panel of experts who would oversee applications.
Assisted dying legislation permits doctors to assist patients in ending their lives.
This right is granted under specific circumstances, such as terminal illness or unbearable suffering.
The laws governing assisted dying vary across countries and jurisdictions.
In some regions, patients must obtain a second opinion from another doctor before proceeding.
Others require a waiting period or mental health evaluations.
Proponents argue that assisted dying legislation respects patient autonomy and dignity, while opponents raise concerns about potential abuse and societal implications.
Concerns Over Court Capacity
Leadbeater’s proposal comes after concerns were raised over the court’s capacity to hear each individual case. This has led to suggestions that the High Court may not be able to rule in every assisted dying case. In fact, retired High Court judge Sir Nicholas Mostyn told a panel of MPs that it would be ‘impossible‘ for the High Court to do so.
Expert Panel: A New Approach
Under Leadbeater’s proposal, the panel reviewing each application would be chaired by a senior legal figure but not necessarily a judge. The panel would also include experts such as psychiatrists and social workers. Their decision could, if necessary, be reviewed by the High Court. The panels would be chosen by a Voluntary Assisted Dying Commission, led by a High Court judge or senior former judge.
An expert panel is a group of individuals with specialized knowledge and expertise in a particular field.
They come together to provide informed opinions, advice, or insights on specific topics or issues.
Expert panels are often used in various settings, including academia, business, government, and media.
They can be composed of industry experts, academics, researchers, or thought leaders who share their knowledge and experiences to inform decision-making or public discourse.
Judicial Scrutiny: Not Removed but Changed
Leadbeater argues that this is not removing judicial scrutiny but changing it to a ‘judge plus‘ model. However, some opponents have criticised the move as watering down the bill’s safeguards. Conservative MP Danny Kruger questioned whether experts would be impartial like a judge.
The Importance of Choice for Terminally Ill Individuals
Leadbeater emphasized the importance of giving terminally ill individuals choice over how they die. She said that while some may argue the bill now has ‘too many safeguards‘, she believes it is essential to ensure that those who want to end their life can do so with dignity and peace.
Kim Leadbeater is a British Labour Party politician.
She was elected as the Member of Parliament (MP) for the constituency of Batley and Spen in December 2021, following a by-election.
Leadbeater previously worked as an education officer for a charity organization and has been involved in various local community projects.
Her sister, Jo Cox, was a Labour MP who was tragically murdered in 2016.
The Bill’s Progress
More than 300 amendments have been tabled, with more expected in the coming weeks. Among those to be debated on Tuesday is one proposed by Liberal Democrat MP Tom Gordon to allow those with a neurodegenerative illness, such as Parkinson’s, to access an assisted death with 12 months to live.
A Delicate Balance
The bill’s progress is being closely watched, and it remains to be seen whether the proposal to replace judges with experts will strengthen or weaken the legislation. One thing is certain: the debate over assisted dying continues to be a complex and sensitive issue that requires careful consideration and attention to detail.
