Lord Falconer of Thoroton (Lab)

I am saying it is their choice. I will go on to Amendment 31 in the name of the noble Baroness, Lady Ritchie of Downpatrick, referred to by the noble Baroness, Lady Berger, in relation to the issue. The noble Baroness, Lady Berger, is saying on behalf of the noble Baroness, Lady Ritchie of Downpatrick, that it must be their own request for an assisted death. The whole Bill is posited on the proposition that the person making the request has to be doing it as their own free choice. I draw attention in that respect to Clause 1(1)(a), “has the capacity to make a decision to end their own life”, then Clause 1(2), “has a clear, settled and informed wish to end their own life, and … has made the decision that they wish to end their own life voluntarily and has not been coerced”. Then, if one goes over the page to the conditions, there is Clause 8(1): “A person who wishes to be provided with assistance … must make a declaration to that effect”. The only concession made is in Clause 21 on the declaration. Clause 21(1) states: “This section applies where a person intending to make a first declaration or a second declaration … declares to a proxy that they are unable to sign their own name”. It allows a proxy to sign their name. The noble Baroness, Lady Berger, and I are both saying that it has to be you who does it, the person who wants it, the patient. My own view, having consulted on this, is that that is absolutely clear under the Bill and that the terms of the amendment would make absolutely no difference to it legally. I make clear that the policy intent that the noble Baroness, Lady Berger, wishes to achieve is exactly the policy intent that has been achieved.