Lord Pannick (CB)

No, they do not, because the majority vote does not apply to the question of whether a certificate of eligibility applies. There may be a majority vote on other issues; for example, whether to have a hearing or to require documents, or something of that sort. But on the fundamental issue—the noble Lord is shaking his head, but that is what it says—a majority vote is not permitted on the crucial, core issue of whether a certificate of eligibility is required. Paragraph 9 addresses another of the concerns the noble Lord, Lord Carlile, has mentioned. It says, in paragraph 9(1), that panels must—I emphasise must—give reasons in writing for their decision. Finally, it is not irrelevant—and these were points made very powerfully by the noble Baroness, Lady Berridge, if I may say so—that our courts are currently massively overburdened. Of course, judges do their best to hear urgent cases as speedily as they can, but delays are a serious problem in our court system. The Minister will no doubt have something to say about this. When the Committee considers what is the best, most effective and efficient way to address the real issues of independent assessment, it is important to bear in mind that the provisions of the Bill will apply only to those with six months or less to live. To have a system that builds in delays is going to damage the whole purpose of the Bill.