Nikki da Costa Profile picture
Feb 12 15 tweets 5 min read Read on X
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/ Image
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/Image
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/ Image
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/

@CommonsLeader @CommonsSpeaker @wesstreeting @ShabanaMahmood @Jesse_Norman
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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More from @nmdacosta

Feb 13
Instead of High Court, a quango.

PM appointed Commissioner - judge or ex-judge - main job (a) choose panels (b) pass on applications. Much of job can be delegated to staff. Up to 10 year paid gig.

Only gets involved again if panel says no. Not safeguard for vulnerable, but appeal route for determined 1/
Panels can be judge or ex-judge/KC, psychiatrist, social worker. No court powers. Procedure up to them. Can sit in private.

Only have to hear from 1 doctor. Do not have to hear from applicant. Can just hear from proxy 2/
Must assume capacity, if person meets criteria, they MUST approve

If the Panel is concerned by anything they hear or read they can do nothing if criteria met.

ONLY if panel reject application does the Commissioner get involved and then only on judicial review grounds 3/
Read 5 tweets
Feb 12
Committee starts at 9.25am. First up - debate on risks of coercion, undue influence, encouragement to end ones life

Clause 1, Group 5 - Sarah Bool, Rebecca Paul and Juliet Campbell are pushing for this to be taken more seriously.
Watch here:

Will pull out elements of morning debate as it progressesparliamentlive.tv/Event/Index/11…
Amendments on coercion, undue influence, encouragement, manipulation...

Read 66 tweets
Feb 11
Day 1 of line-by-line scrutiny. 5 reflections:

1. Complex issues being decided by non-experts, & govt hands-off approach leaves vulnerable over-looked

Daniel Francis on why MCA is a problem for those with learning disabilities. Minister says it's 'adequate legal base to operationalise' AD.
2. The two MP doctors' confidence in capacity assessments and judgement of doctors... Image
Image
...met the lived experience of Daniel Francis advocating for those with learning disabilities, @mencap_charity, and young adults who would be reliant on doctors and the judge
Read 9 tweets
Feb 10
9.25am tomorrow detailed scrutiny of the 'Assisted Dying' bill starts.

They'll go through the bill clause by clause, but selection and grouping of amendments allows themes to emerge.

This is what 'selection and grouping' looks like tomorrow. What this means in real terms... Image
Image
Group 1: Kim Leadbeater amendments (amdts) to make clear that everything is meant to happen in England and Wales. These are government technical amendments. Wouldn't expect much debate if any.
Group 2: Sarah Olney (LD) amdts challenging use of Mental Capacity Act for a decision to end one's life. MCA requires doctors to assume capacity, and test if you can understand, retain, weigh and communicate info, but may not look deeply enough.

Also a KL typo-sorting admit. Image
Read 25 tweets
Feb 9
Dignity in Dying’s annual reports reveal a key tactic - establishing groups like “Disabled Activists for DiD”. Turns out oral witness Dr Tom Shakespeare was a “distinguished supporter”. His relationship with DiD was not disclosed. That part of DiD website now deleted 1/
Image
Nor was it disclosed in a letter to the Guardian used to push MPs to vote aye at second reading vote. Completely valid to write and make the argument but why not disclose that three of the signatories were part of the subgroup as listed in 2022 Image
Read 4 tweets
Feb 8
V. interesting reading how Dignity in Dying set out to convince 2024 MPs to vote for this Bill. Accounts '05 on are rich in detail on how c£25m spent getting here.

Using courts, celebrities, polling spend, social media, all critical but 3 strategy shifts stand out 1/
1. Nov 2005 - drop name 'Voluntary Euthanasia Society', rebrand to 'Dignity in Dying' and reframe to talk about 'patient choice at end of life' and particularly the option of a medically assisted death.
2. 2006 become "very involved with the Mental Capacity Act" to secure a framework for capacity to make informed choices including assisted suicide. "Our biggest achievement has been our work surrounding the implementation of the MCA both in an advisory and educational capacity"

[Talk about a long legislative strategy!]

2007 carry out "further work on the implementation of the MCA both in an advisory and educational capacity. As part of that we produce the 'Advance Decision Toolkit for Healthcare Professionals' which was developed with the Department of Health"
Read 6 tweets

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