
The assisted dying Bill appeared to have unstoppable momentum. Now it's on shaky ground
It was always going to be divisive. For the past nine weeks, MPs have been debating a piece of legislation so significant that it is, quite literally, a matter of life and death. If it becomes law, the Terminally Ill Adults (End of Life) Bill, which reaches the next stage in Parliament this week, will allow adults diagnosed with a terminal illness and a six-month prognosis to be provided with assistance to end their own life.
There are persuasive – and emotionally charged – opinions on both sides of the debate, but at one point it seemed as though the assisted dying bill had unstoppable momentum.
Introduced as a Private Member's Bill by Kim Leadbeater, the Labour MP for Spen Valley, last autumn, it was approved in a historic vote on November 29. The last time Parliament voted on assisted dying was a decade ago, in 2015, when a proposed change to the law was overwhelmingly rejected. This time, it was voted through, albeit by a reasonably narrow margin of 330 MPs in favour to 275 against.
On that wintery afternoon, a crowd of dozens of Dignity in Dying campaigners in Pepto-Bismol pink, the charity's signature colour, cheered, cried and embraced in Parliament Square, hailing a historic victory.
Crucially, Leadbeater's Bill seemed to be building on a solid foundation of public and political support. YouGov polling has suggested that three quarters of Britons support handing the terminally ill the right to end their own lives. While the Government itself has remained neutral on the issue, the Bill has the tacit backing of the prime minister and a series of senior Cabinet ministers, all of whom voted in favour.
However, as the Bill winds its way back to the Commons on May 16 – when all MPs will have the opportunity to propose and vote on further changes – there is a sense that it is on increasingly shaky ground. Critics have raised concerns that key safeguards have been removed from the legislation since the last time it was debated.
A recent poll conducted by Whitestone Insight on behalf of the campaign group Care Not Killing suggested that more parliamentarians now oppose the Bill than support it. Of 100 backbenchers polled in March and April, 42 per cent said they intended to vote against the legislation at the third reading, while 36 per cent said they would back it. Another 13 per cent were undecided, 5 per cent said they intended to abstain, and 8 per cent preferred not to say.
In November, the Bill was passed with a majority of 55, meaning only 28 MPs need to change their minds or abstain from voting for it to fail. A number are said to have decided to do so.
Two Labour MPs and critics of the legislation told The Telegraph they know of several colleagues who have changed course and will vote against the legislation, but none has yet said so publicly. Reports on Wednesday suggested at least five unnamed MPs who had previously abstained will now oppose it. Three others were said to be considering changing their position.
To date, only Reform MP Lee Anderson and Independent Rupert Lowe, who supported the Bill last year, have publicly declared they will reverse course and vote against the Bill.
Adding to the sense of uncertainty over its prospects, research published on Wednesday showed that GPs are deeply divided on the issue. The BBC surveyed 5,000 practitioners, 500 of whom said they were against the law change, calling it 'highly dangerous' and 'cruel'. 'We are doctors, not murderers,' one said. (Four hundred GPs told the BBC they supported the legislation.)
The Bill's second reading, which MPs voted on last November, was in fact only the first major hurdle it had to pass to become law. The next challenge was the committee stage, where the highly emotive debate around this issue would be translated, clause by clause, into the letter of the law.
For a little over two months, the Bill has been painstakingly scrutinised by a representative committee of MPs selected by Leadbeater. It has been a gruelling process, with sittings lasting until 9pm and, on one occasion, past midnight. Leadbeater and her supporters say the Bill's safeguards have been strengthened. But after 90 hours of debate and 150 amendments, opponents argue that what has emerged from the committee meeting is far more dangerous than the Bill that went in.
Unsurprisingly, the atmosphere has been charged. One member describes the mood in the committee meeting room as 'superficially courteous, but in reality quite fractious'. A Labour source close to the proceedings says: 'The 'pro' side have been running this like a campaign, so the legislation is a mess. There's a real sense it hasn't lived up to the promise.'
One of the key critics is Tory MP Danny Kruger, who sat on the committee. He says the process has only solidified his strong opposition to the legislation. 'One Bill was sold at the second reading; another has emerged from the committee,' he tells The Telegraph, citing the removal of the High Court judge's role in overseeing each case, a key safeguard.
Kruger claims a number of his colleagues supported the Bill in November only to see whether it could be strengthened at the committee stage, many of whom could now change their minds. 'I hope there will be a fair few who recognise that hasn't happened,' he says.
Kruger has been strongly opposed to the legalisation of assisted dying from the start. But others, such as Sean Woodcock, the Labour MP for Banbury and a fellow committee member, were 'on the fence' before determining that the current Bill was unworkable.
'It took me a long time to make up my mind on how I would vote,' Woodcock says (he ultimately voted against). 'In principle, I am not opposed to assisted dying, but having worked on the committee, I have come to the conclusion that the Bill that is emerging is deeply flawed. All I've seen is that vital safeguards have been removed, and significant new risks have also emerged.'
The most controversial change to the legislation is the scrapping of its requirement for a High Court judge to approve each assisted dying application, a provision which Leadbeater argued would make her Bill 'the most robust in the world'.
The change was made after senior judges warned that courts would not be able to handle the increased workload. Instead, it is envisaged that a three-personnel panel of experts composed of a legal figure, a psychiatrist and a social worker will review each case.
Meanwhile, plans for a two-year rollout have been extended to four years – reportedly a request from the Department of Health, headed up by one of the Bill's key opponents, Wes Streeting – amid fears that it would put further strain on an already overburdened NHS.
Streeting, who voted to legalise assisted dying in 2015, has said that if the Bill becomes law, he is concerned that people may choose to end their lives prematurely because of the current state of the NHS. He has argued that Britain's palliative care system is unfit to support the change.
Leadbeater has also faced criticism for rejecting amendments designed to put stronger protections in place for people with anorexia, among other vulnerable groups. There is still no process in place for family members to be involved in decision making, and significant questions remain over capacity and coercion.
Equally crucial is the question of how, practically, assisted dying would actually work. It is still unclear whether private firms would be contracted, or all services would be provided by the NHS. The long-awaited impact assessment – published at 4pm on the Friday before the early May bank holiday weekend – states that legalising assisted dying would save the NHS up to £10 million in the first year of its legalisation, rising to up to roughly £60 million in its 10th year. It also predicts how many people would choose to die this way: between 164 and 787 in the first six months, rising to between 1,042 and 4,559 in the 10th year of its legalisation.
Prof Louis Appleby, the Government's adviser on suicide prevention and mental health, described the report as 'stripped of moral values'. Seeing a cost-saving figure put on the plans will do nothing to reassure those who fear that people will be pushed into an assisted death as they feel they are burdening their loved ones or the state.
Kit Malthouse, the Tory MP for North West Hampshire, sat on the committee selected by Leadbeater and is a key supporter of the Bill. 'It's a sensitive, complex issue of humanity and morality, and for some people, spirituality, and so it was never going to be easy,' he says.
As the legislation progresses to the report stage and subsequent third reading, when MPs will have their say on it for the final time, Malthouse hopes those who disagree are able to do so respectfully. 'We just hope that it stays civilised,' he says.
But it seems the gloves may already be off.
Online, the debate swiftly spiralled out of control, with MPs on both sides being subjected to vitriolic abuse on social media. Leadbeater, who is the sister of Jo Cox, the MP who was murdered by a terrorist in 2016, told the BBC that sponsoring this Bill had exposed her to a new level of online hate. 'There are people on the extremes of the debate, people who do not want to see any version of a change in the law, and there are people on the other extreme of the debate who would want a much broader law,' she told the BBC. 'Sadly, that has led to more abuse than I've probably had on anything.'
Meanwhile, some critics have called the integrity of the scrutiny process into question, arguing that their concerns have been dismissed and that the committee's evidence was weighted towards those who are backers of the Bill. (The Royal College of Psychiatrists, which opposes the legislation, was initially excluded from giving evidence because of an alleged shortage of time, before the decision was reversed.)
Allan House, a liaison psychiatrist and emeritus professor at the University of Leeds, was invited to give oral evidence to the committee on January 29. 'You were asked to share whether you were 'for' or 'against' [assisted dying], which I remember thinking was very odd, as I thought people were called because of their expertise, not their opinion,' he says. House claims he was one of only a small number called who were outright opposed to the legislation. Moreover, he says, the Bill, as it stands, 'does not resemble best practice in any other area of health care.'
As events have progressed, the issue has formed unlikely alliances in some corners of Westminster, where MPs who may agree on very little else have stumbled on common ground. Diane Abbott and Edward Leigh, the current mother and father of the House, have united from their opposite benches to write a joint op-ed for The Guardian, warning of the legislation's 'dangerous' unintended consequences. Within the committee itself, Kruger and Naz Shah, the Labour MP for Bradford West, have found themselves on the same side of the debate despite having very different politics.
'I'm very clear that I've spoken to colleagues who voted for it [in November] who are not going to vote for it now,' says Shah, who voted against. 'I am one of those who could have been convinced to vote for it had the Bill's safeguards genuinely been strengthened… I'm not convinced it has the mandate it had. The process has been haphazard at best, it has been rushed.'
Supporters maintain this is not the case. Malthouse, for example, argues that the Bill has been 'very significantly strengthened'. 'MPs are looking again at [it], as they should, and thinking about its implications for a second time, but we haven't seen any significant shift in opinion about the principle,' he says. 'If anything, there are more people who are reassured.' One of them is Marie Tidball, a Labour MP born with a congenital disability, who had tentatively voted in favour but said she would push for considerable amendments to the legislation. Now, she says, her concerns have been allayed.
Leadbeater does not believe that those who backed the Bill in November will rescind their support, despite the growing sense that her Bill is on borrowed time.
'If they look at it in detail, which I really hope they do and believe colleagues will do, they will see the things that have been added that really enhance the safeguards,' she says.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


Telegraph
38 minutes ago
- Telegraph
Doctor guilty of misconduct over girl's death that led to Martha's Rule
A doctor has been found guilty of misconduct for his failings in the treatment of a girl whose death led to Martha's Rule. Prof Richard Thompson failed to escalate the treatment of Martha Mills, 13, before she died from sepsis in 2021, a disciplinary panel found on Monday. The teenager's death prompted the introduction of Martha's Rule, which gives patients and families the right to a second medical opinion if their own or a loved one's condition deteriorates in hospital. Martha died from sepsis after doctors missed its symptoms and did not heed warnings from her parents that her condition was rapidly deteriorating. A medical tribunal in Manchester has now ruled that Thompson committed 'misconduct which impairs his fitness to practise' during her treatment. The Medical Practitioners Tribunal Service (MPTS) panel found that the doctor, who was the on-duty consultant at King's College hospital (KCH) in London, had made 'particularly grave' failings. It ruled that Thompson should have referred Martha to intensive care on Aug 29 2021 and that he had failed to conduct an in-person assessment of her condition. The doctor was on-call at home for part of the day. Robin Ince, the chairman of the panel, said there was 'no sound reason' why Thompson did not assess Martha's condition himself. 'The tribunal was of the view that, as more serious and unexplained factors had come into play, there were clear points (at 17.00 and 20.30) when Prof Thompson should have taken action not only to see Martha himself but also to refer Martha to PICU (paediatric intensive care unit) and these combined failures to do so makes them more serious,' he said. 'The tribunal appreciated that it was assisted by hindsight but concluded that there were sufficient adverse clinical indicators at the time of something unexplained going on such that direct review and escalation to PICU was required.' Martha was only transferred to intensive care on August 30, by which point she had septic shock. She died from sepsis on August 31 at Great Ormond Street hospital (GOSH), where she had been transferred. A coroner ruled in 2022 that she would have likely survived if doctors at KCH had identified the warning signs of the condition and transferred her to intensive care sooner. The trust has since apologised for mistakes in Martha's care. Martha was in hospital with a pancreatic injury after a fall from her bike while on a family holiday in Wales. King's is a specialist national referral centre for children with pancreatic problems. 'Gravity of mistakes' In a statement, Merope Mills and Paul Laity, Martha's parents, welcomed the recognition of the 'gravity of mistakes' made before her death. 'It is important to us that allegations denied have been found proved and the gravity of mistakes that led to our daughter's preventable death has been recognised,' they said. 'We will always have in our minds the failures of culture, training and policy on Rays of Sunshine ward at King's College Hospital, as well as the responsibility of individuals. We'd like to thank all of the thoughtful doctors who have helped us to understand what happened to Martha.' Thompson's sanction will be determined at a separate hearing on Tuesday. Mr Ince said the panel believed he had been 'remediated' and that it was 'highly unlikely that anything like this will ever happen again and there is no current impairment of Prof Thompson's fitness to practise on this basis '. But he added: 'The tribunal concluded that the misconduct was such that a finding of impairment was required to uphold public confidence in the profession as well as uphold proper professional standards, and that it would be undermined if no finding of impairment were found.'


Telegraph
38 minutes ago
- Telegraph
State is ‘stifling criticism of Islam over fear of violent mobs', says Tory MP
The state is stifling criticism of Islam because of fears of a violent mob reaction, a senior MP has claimed. Nick Timothy, a front-bench Tory MP, issued the warning ahead of his Bill aimed at protecting free speech and the right to criticise religions, including Islam, being presented before Parliament on Tuesday. It follows the conviction of Hamit Coskun, 50, for setting fire to a Koran outside the Turkish consulate in London earlier this year while declaring that Islam was a 'religion of terrorism'. He was found guilty of committing a racially aggravated public order offence during a peaceful protest. Politicians and free speech campaigners claimed the 'grotesque' prosecution was an attempt to revive long-abolished blasphemy laws. In an attempt to prevent future prosecutions, Mr Timothy, who is a columnist for The Telegraph, is proposing a Freedom of Expression (Religion) Bill that would rewrite the Public Order Act to prevent it being used as a 'de facto' blasphemy law. His bill, which is co-signed by 11 other MPs, would extend legal provisions – which protect the freedom to criticise religion in specific circumstances – to the whole of the Public Order Act. 'The Public Order Act is increasingly being used as a blasphemy law to protect Islam from criticism. The Act was never intended to do this. Parliament never voted for this, and the British people do not want it,' said Mr Timothy. 'To use the Public Order Act in this way is especially perverse, since it makes a protester accountable for the actions of those who respond with violence to criticism of their faith. This is wrong, and it destroys our freedom of speech. 'We should be honest that the law is only being used in this way because the authorities have become afraid of the violent reaction of mobs of people who want to impose their values on the rest of us. 'My Bill will put a stop to this and restore our freedom of speech – and our right to criticise any and all religions, including Islam.' At Westminster magistrates' court, Coskun was found guilty of a religiously aggravated public order offence of using disorderly conduct, which was motivated 'in part by hostility towards members of a religious group, namely followers of Islam'. Coskun, who is an atheist of Armenian-Kurdish descent, attended the Turkish Consulate on Feb 13 while holding a burning copy of the Koran above his head and shouting 'F---- Islam' and 'Islam is religion of terrorism'. He was ordered to pay £240, but despite the conviction he has pledged to continue burning Korans and intends to go on a tour of the UK, visiting Birmingham, Liverpool and Glasgow where he will set fire to the holy book. It is unclear whether he will resist doing so until the case is heard at the Court of Appeal where it will be decided whether he is able to challenge Monday's verdict.


Daily Mail
44 minutes ago
- Daily Mail
QUENTIN LETTS: Criticising Red China is a moreish activity. You try some and before long hanker for another plateful
China 's vice-premier He Lifeng, a big yam, is in London and spent his morning with Rachel Reeves. MPs, perhaps sensing that he (that is to say, He) might need a laugh after his ordeal, laid on a Chinese-related show in the afternoon: An urgent question attacking a 'nefarious' plan for a Chinese super-embassy in London. Sir Iain Duncan Smith (Con, Chingford & Woodford Green) led demands that planning minister Matthew Pennycook block the embassy. He and a surprising number of Labour backbenchers argued that the site was a security risk, being bang next to a telephone exchange that serves the City. 'Dark cabling' runs underneath the premises. These may be used for the transmission of delicate material. Our spooks are said to be uneasy about this, as are the Americans and, oddly, the Dutch. Much Beijing-bashing ensued. China operatives might cut those dark cables. National security was at risk. It would cost a fortune to police the site. Criticism of Red China is a moreish activity. You try some and before long you hanker for another plateful. Moreover, there is now an electoral consideration: Many British constituencies contain large numbers of Hong Kongers, some of whom worry that Chinese diplomats present a mortal threat to them. This is not a concept entirely easy to explain to President Xi, but these Hong Kongers may be swing voters. MPs therefore feel under pressure to deplore the Beijing regime. Comrade Pennycook was a credit to his profession. He stood there and repeatedly said nothing. It takes years in Communist-approved training camps to perfect this verbose art. Mr Pennycook's tongue was tied because this was a 'quasi-judicial matter' on which he, as planning supremo, would allegedly have to pass judgment. 'I cannot comment in any detail,' he regretfully told Sir James Cleverly, a former foreign secretary. 'I didn't ask for any detail!' yelped Sir James. Mr Pennycook shuffled his papers and regretted that that did not alter matters. He still could not dilate. What he possibly meant was that Sir Keir Starmer, diplomatic genius that he is, may already have given Premier Xi an undertaking that the super-embassy can proceed. Sir Iain suggested 'Project Kowtow' was under way – 'a walk of shame for the Government'. Mr Pennycook murmured: 'It would not be appropriate for me to comment.' Unhappy Labour MPs included Alex Sobel (Leeds C), burly Blair McDougall (East Renfrewshire) and even the House's leading Starmerite greaser, Mark Sewards (Leeds SW). It is almost unheard of for little Sewards to express anything but ravished delight at the Government's behaviour. Whips may need to check his circuit board to make sure a virus has not infected his central controls. We also had an eruption from Marie Rimmer, a magnificent old Labour pudding from St Helens who normally does as commanded by her party. Ms Rimmer, like a runaway truckle of cheese, proved hard to stop once she was rolling. 'China has a record of state-backed espionage,' she cried through some whistly-sounding teeth. 'There has been a massive under-estimation of the risk.' Deputy Speaker Nusrat Ghani tried to get her to shut up but Ms Rimmer did not notice. Bits of cheese-wheel, or at least her oratory, were by now flying here and there. Words were splintering. Sentences were disintegrating. A nearby MP took a shard of cheddar in the eye and went down like a fallen warrior. Even Beijing's most accomplished code-breakers might have struggled to understand what our Marie meant. At one point she seemed to talk of 'signals contraception'. Did she mean 'interception'? Or something else? Maybe the wheezy dinner-lady routine is a brilliant front. Maybe she is an MI6 ace under deep cover. In other news Torsten Bell, pensions minister, explained the Government's rethink on winter fuel payments. What a twerp! Arrogant young Bell's nose twitched as he pushed his excuses past a set of vegetarian-looking teeth. Rabbit with a quiff. Any pensioner would have been tempted to truncheon him with a furled brolly.