Assisted dying: High Court would not need to approve cases under change to bill
Assisted dying cases would not need to be signed off by a High Court judge, the MP behind a new bill has proposed.
Labour MP Kim Leadbeater is expected to bring forward amendments to her proposal so a multi-disciplinary panel of experts will examine cases and have the power to grant permission for assisted death.
Three-member panels would be chaired by a retired High Court judge, King’s Counsel or a person with similar qualifications – and their decisions could “if required” be reviewed by the High Court.
In the initial version of the Terminally Ill Adults (End of Life) Bill, which was backed by MPs in November, a High Court judge would have to approve requests for assistance after assent from two doctors.
Ms Leadbeater has described the amended plan as a “judge plus” system, arguing that it strengthens safeguards against pressure or coercion as it gives an “enhanced role for professionals such as psychiatrists and social workers”.
However assisted dying critics say safeguards have been watered down, with Tory minister Danny Kruger calling the change “a disgrace”.
Labour MP Diane Abbott said the bill was “rushed, badly thought out legislation” which “needs to be voted down”, while former Lib Dem leader Tim Farron said “even the weak safeguards that existed are being dropped”.
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The proposal will be voted on by a committee of MPs who will begin going through the bill line by line on Tuesday.
The committee, selected by Ms Leadbeater, has a 14-9 majority in favour of assisted dying based on November’s vote.
‘There’s a role for other experts to play’
In an interview with Sophy Ridge on Sky’s Politics Hub, filmed on Monday afternoon, Ms Leadbeater was challenged about whether a High Court judge would be specifically required in all cases.
“I think there’s a role for other experts to play,” she said and referred to expert evidence politicians have been hearing about the Terminally Ill Adults (End of Life) Bill.
“I think what came through in the evidence was the need for a multidisciplinary approach. That’s something I’m giving serious consideration to.
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“I think the legal oversight is really important, but I think that multidisciplinary approach could actually enhance the bill even further,” she added.
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The new proposals would also involve the creation of a Voluntary Assisted Dying Commission to oversee all applications, chaired by a High Court judge or senior former judge.
Cases would be referred to multi-disciplinary panels which can grant approval.
The panel is tasked with ensuring people have the capacity to make the decision without pressure or coercion.
The bill also requires two independent doctors to submit reports on each person applying for permission to die.
In January, learning disability charity Mencap warned that discussions around the option of assisted dying might risk pushing “people in a course that they don’t, they may not want to go down”.
A workman saved a seven-year-old boy from a burning car in the aftermath of a deadly crash caused by a suicidal ex-pilot, an inquest has heard.
The schoolboy’s rescue came following the collision on the M6, which killed former RAF man Richard Woods and four others, in October last year.
Last week a coroner ruled that Woods, 40, took his own life by deliberately driving his Skoda the wrong way down the motorway while drunk and hitting a Toyota Yaris head-on.
The driver of the Toyota, Jaroslaw Rossa, 42, was also killed, along with his two sons, Filip, 15, and Dominic, seven, and his partner Jade McEnroe, 33.
Cockermouth Coroner’s Court heard on Thursday that Ms McEnroe’s son was also in the car but survived after workman Gavin Walsh came to his rescue at the scene, which was near Tebay services in Cumbria.
In a statement to the inquest, Mr Walsh said he was a passenger in a transit van travelling to Scotland when he witnessed the crash.
He jumped out of the vehicle and used a jack to smash the rear windscreen of the Toyota and pulled the boy out of the burning vehicle.
Mr Walsh said: “We really did try, I can assure everyone we did our best. We only had minimal time.
“I saved a life that day and I hope never to witness anything like that again.”
He added that he has never stopped thinking about the boy, and said: “I hope we will meet again one day and I will give you a massive hug.”
At the time, the family were returning to Glasgow from a trip to Legoland in Windsor, Berkshire.
The inquest heard that Wood, who was travelling at a speed of at least 65mph, would have been charged with manslaughter had he survived.
Recording conclusions of unlawful killing, Cumbria assistant coroner Margaret Taylor said: “I found that Jaroslaw, Jade, Filip and Dominic died as a consequence of the unlawful acts of another driver.”
The inquest heard how Mr Woods, from Cambridgeshire, had served a distinguished 14-year career in the RAF and was a flight instructor for BAE Systems at the time of his death.
Jade McEnroe. Pic: Cumbria Constabulary
Dominic and Filip. Pic: Cumbria Constabulary
In Ms Taylor’s record of inquest, Mr Woods was said to have been experiencing “a number of stressors in his life” and had a “history of harmful use of alcohol”.
Following the crash, he was found to be nearly four times over the legal drink-drive limit and a two-thirds empty bottle of gin was found in his car.
On the day of his death, concerns had been raised over his behaviour at a work conference near Preston in Lancashire.
Mr Woods failed to return to his seat after lunch and was later spotted driving erratically and swerving across three northbound carriageway lanes on the M6.
After pulling onto the hard shoulder, he then proceeded to U-turn and drove southward on lane three.
Filip, Dominic and Jaroslaw Rossa. Pic: Cumbria Constabulary
Detective Sergeant Deborah Story, from Cumbria Police, told the inquest that Mr Woods would have been prosecuted on four counts of manslaughter had he lived.
She said hypothetical charges of murder were considered by detectives but not thought appropriate because of a lack of information that Mr Woods knew the family or anything that provided a link between them.
Ms McEnroe’s parents, Marie McEnroe and George McNellis, told the coroner they thought it was “murder”.
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A statement from the mother of Filip and Dominic, and the ex-wife of Mr Rossa, Kamila, was read out at the inquest.
She said Mr Rossa, known as Jarek, was born in Poland where they became a couple and went on to have three boys.
He loved playing computer games and had “lots of friends”, she said, and worked at the Wagamama restaurant in Silverburn, Glasgow.
She said she was “devastated” over the deaths, adding: “Our lives will never be the same.
“I am heartbroken at the passing of my beloved angels Filip and Dominic.”
Marie McEnroe said her daughter, a spa therapist, had been in a relationship with Mr Rossa for about two-and-a-half years.
She said Jade had been a “brilliant mother” to her only child, was “really happy” with Mr Rossa and it was “lovely chaos” when all the boys were playing together.
Ms McEnroe added: “Life changed forever that day”.
Ms Taylor praised the “selfless acts of bravery” from those in the aftermath of the collision, including Mr Walsh, who she said went towards the burning car “without hesitation for his own safety”.
The coroner added: “Without his swift response, Jade’s child would also have perished.”
Addressing the bereaved family members, she said: “Your loss is unimaginable but you have conducted yourself with dignity and I thank you for that. I wish you strength for the future.”
Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email jo@samaritans.org in the UK. In the US, call the Samaritans branch in your area or 1 (800) 273-TALK.
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