The @thetimes: "whether you are for or against assisted dying, this is no way to legislate for what would represent one of the most profound changes in the relationship between the state and its citizens".
🧵on last two days and a very novel form of govt neutrality 1/
First a recap. Cabinet Office guidance says when govt takes a neutral stance on a PMB they should do an impact assessment.
Neutrality indicates that the Government is prepared to accept it reaching the statute books with ALL of the consequences. 2/
Yesterday, @NazShahBfd and @danny__kruger asked again why an impact assessment could not be provided, given that it would strengthen the Committee's ability to scrutinise the Bill.
The Minister gave - in my view - a novel response, which would not cut the mustard for a govt bill 3/
We heard that Ministers will speak neutrally as the govt, but vote as MPs with their conscience.
Both are pro-bill and voted with KL on all divisions including stopping @rcpsych from giving evidence
Their presence makes the Committee 65% pro-bill v 35% 4/
Danny Kruger raised the Jekyll & Hyde nature. The Chair Roger Gale said he would refer to the Clerk of the House because he thought 'there are issues'.
The Minister explained 'first principles' of the 'two functions' the Ministers are filling 5/
Hansard of the Minister's position with a little 'fudge' on the numerical composition of the Committee mirroring second reading (that would have been a 54% v 45.5% split) 6/
Then we had Sarah Sackman, the MoJ minister, push back strongly against amendments to include 'undue influence' etc on the face of the Bill.
We were told it was the Government's "settled position" that the bill as drafted was fine.
The Chair said it wasn't a matter for them 7/
Understandably @Rebecca_SPaul asked why if the Government had such a settled position why that wasn't explained in advance to give the tabling MP time to reflect 8/
Danny Kruger asked whether the Minister had discussed with the Bill sponsor the appropriate response to these amendments, and why that hadn't also happened with MPs tabling amendments...9/
When Naz Shah, on @JamesCleverly's admt, sought to avoid a long debate only for the Minister to object from a position of neutrality, she was shut down by the Chair
"If the government already has a position, I would value knowing that position, because it feels pointless"
...10/
3 questions then:
1. Clearly analysis is being done on the Bill. Why can that not be shared?
2. The Govt position will be prepared in advance. Why is the Govt waiting till the very end of debate? Withholding information wastes the Committee's time. 11/
3. Is it recognised that withholding info prevents MPs tabling better amendments?
That it risks looking like a 'timing out' tactic? Undermining MPs' efforts to wrestle with a problem in the drafting.
And it is the public and the vulnerable that will suffer 12/
The only amending stage MPs can really rely on is this Committee Stage - for it to do what a PMB Committee has never done - detailed, thorough, work on a bill of this magnitude.
Waste these weeks, and all that's left could be as little as 5 'amending hours' in Report
13/
Once this Bill leaves the Commons, MPs do NOT get another chance to improve the Bill.
They do NOT get a vote on the final shape of the Bill.
Only on whether they accept the tweaks the Lords make.
Responsibility for getting this right, rests with the Commons.
14/
This is no way to legislate for a matter that will change our society so fundamentally.
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I’ve been given a copy of the briefing Kim Leadbeater issued journalists and MPs.
There are so many misleading statements in 7 pages, I've just chosen 8. 3 on the first page. This is not ok.
A thread 👇
1) DOCTOR INITIATED PROCESS
There is no mention that the Bill explicitly allows - and the Committee defended - doctors raising ending the patient's life.
🚨 ANY doctor can decide if, and when, to raise (5.2)
🚨 With anyone, no matter how vulnerable
2) UNDER 18s:
On discomfort with raising with minors, the document says that applicants must confirm “they were 18 at the time of *the* initial discussion”. This is not the same.
🚨 Only relates to a specific discussion, before requesting assistance, and signing the form
Final day on the bill in committee, (probably). Kicking off at 9:25 am we start with a huge Henry VIII power to amend any act of parliament to make this happen. It makes explicit ‘services’ can be commissioned out to private businesses. Promised cap on profit making is MIA
"It is a hard thing to do to take a red pen to Bevan's legacy", to go "from the National Health Service to the National Health and Assisted Suicide Service...in the same clause...designed to enable the private sector to be paid from NHS funds to end the lives of terminally ill"
Debate now focussing on who can opt-out of providing assistance to end someone's life. Danny Kruger argues no individual should be under any duty to be involved, directly or indirectly. Kim Leadbeater indicates support for principle, but not for specific amendment 1/
Also NC22 to allow hospices or care homes (specific premises) to opt out of facilitating assisted dying on their premises. If living in community, supported by members of staff, rights of community as a whole should be acknowledged and those overseeing service.
Malthouse: other beliefs can discriminate against?
Kruger: not beliefs, but what happens on premises - a hotel can say prostitution can't take place on their premises. Appropriate to consider the impact on certain places live - and give specific protection.
"Assisted Dying" Committee starts shortly. They will be sitting to 10pm according to reports. You can watch live here and I'll aim to pull out highlights as they go until about 5pm: parliamentlive.tv/Event/Index/bf…
Committee starting with Cl13 - the second declaration, and the 14 day period of reflection that follows. The bill allows that to be shortened to 48 hrs if death expected within a month. Sarah Olney raising issue of overriding the reflection period by refusing food and water.
Naz Shah raising risk of those wanting to hasten death, voluntarily stopping eating and drinking to accelerate their deterioration. Quotes evidence from other jurisdictions where this is happening.
Committee resumes. Danny Kruger notes MPs this morning were saying 'conscious of time', 'need to hurry up', but important to do what's necessary and take time needed. Chair agrees and says it is important that Members deal with this in a sensible fashion.
Minister says effect of sponsor's Amdt 183 is that assisted dying should not be discussed in isolation (govt helped draft). Continues with outline of what govt understanding of amendments are. On the MDT says obligation to refer each and every time has resource implications
Kim Leadbeater 'will keep comments brief'. Mirroring other pro-bill MPs saying "conscious of time' this morning, and genuine speed at which they are rattling through speeches. They've only sat for 4.5 days!
Government "understands Members want to address risks through primary legislation" but they shouldn't. Just leave it to guidance and regs.
Despite Attorney General saying "excessive reliance on delegated powers, Henry VIII clauses, or skeleton legislation, upsets the proper balance between Parliament and the executive...strikes at the rule of law...[and] cardinal principles of accessibility and legal certainty."