Lord Falconer of Thoroton (Lab)

My Lords, this is an important amendment designed to ensure that persons with anorexia cannot, by not eating, put themselves into a position in which they qualify for an assisted death. I am delighted to have the support of the noble Lord, Lord Carlile, the noble Baroness, Lady Parminter—who has played a very significant part in bringing this to our attention and ensuring that we get the right answer—and the noble Baroness, Lady Hollins, who is in her place. The matter was raised in the Commons and an amendment was agreed on Report, because everybody agreed that people with anorexia should not be able to get themselves into eligibility. Clause 2(2) was inserted, stating: “A person who would not otherwise meet the requirements of subsection (1) shall not be considered to meet those requirements solely as a result of voluntarily stopping eating or drinking”. That gives rise to two significant problems. The first concerns “solely”. If it was only by reason of not eating or drinking, you would fall out of it, but it might be partly because of it and partly for other reasons—which would make anorexia a means of getting you to an assisted death. Secondly, there was doubt about “voluntarily”. Is it voluntary if it is truly a medical condition? The amendment that I and those supporting me are proposing is intended to deal with both issues. It says that where “a person does not eat or drink, or limits their eating or drinking, because of a mental disorder, and … their not eating or drinking, or limited eating or drinking, causes them to have an illness or disease, the person is not regarded for the purposes of this Act as terminally ill”, so it does not have to be the sole reason. I believe that this is workable and does what I think everybody in this Chamber would want—to exclude people with anorexia from making themselves eligible. Since that amendment was tabled, an amendment has been tabled in the name of my noble and learned friend Lady Scotland of Asthal, supported by my noble friend Lady Berger, which would put in before “because of a mental disorder” in my amendment “either voluntarily or”. That would cover every possibility. I am keen to accept the amendment to my amendment tabled by the noble and learned Baroness, Lady Scotland, and the noble Baroness, Lady Berger. I invite the Committee to agree my amendment today. I will not put it to a vote, but if the Committee thinks it is the right course to take, I invite noble Lords, in accordance with acceptable practice in Committee, to agree on the nod that it goes in today. I beg to move.