Lord Carter of Haslemere (CB)

My Lords, I have tabled four amendments towards the end of this group, Amendments 317, 346, 457 and 512, which are in identical terms. They are designed to ensure that a person seeking a state-assisted death is not acting out of a temporary feeling of fear, panic or anxiety in relation to their diagnosis and prognosis. I am grateful for the support of the noble Baroness, Lady Fox, and the noble Lord, Lord Farmer. I can testify that when a person is told that they have a terminal illness with only a year or so at best to live, it is difficult to think rationally. It does not occur to you that it will often be a wholly inaccurate prognosis or that specialist palliative care can deal with most pain. My amendments therefore seek to ensure that the assessing doctors are satisfied that a person seeking a state-assisted death is not acting from such feelings of panic. The noble and learned Lord the sponsor may say in response that the Bill already requires the doctor to ascertain whether the person has a “clear, settled” wish to end their life. However, it seems to me that a person can have such a clear and settled wish as a temporary result of fear, panic or anxiety. These amendments seek to raise the threshold at which an assessing doctor can be satisfied that the person has such a clear and settled wish. It is at moments like that, when people are at their most vulnerable, that great care needs to be taken to ensure that they do not opt to go down a path which, on deeper and longer reflection, they might decide is wholly unnecessary or inappropriate for them. Yes, in theory they can change their mind later, but many people might feel reluctant, for all sorts of reasons, to reverse their decision once they are on that track, so the initial discussions with the assessing doctor are critically important. A full specialist palliative care assessment, which was in an amendment I previously tabled in Committee that was rejected by the noble and learned Lord the sponsor, would help to ensure that they are not acting out of despair, fear, anxiety or panic, since it would put a pause on the whole process and ensure that their wish to end their life was properly informed, as required by the Bill. Both these sorts of amendments strike me as obviously desirable in a Bill of this nature, and I urge the noble and learned Lord the sponsor to avoid the need to have to bring them back on Report.