Marie Tidball MP: speeches
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Speeches
- 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source
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I thank my hon. Friend for her speech. I think we are united in principle, but perhaps take different views on the best way to ensure that this happens in practice. To give an example, if the word “intimate” is used in those circumstances, were a court to interpret it, it might include a husband, wife or partner, but not a brother, sister or parent. So already, in using that one word, we have potentially created further risks. By defining it, in the circumstances set out by my hon. Friend the Member for Lowestoft, we are excluding a relationship that we would want the court to look at, to weigh and judge whether there was potential dishonesty, coercion or pressure by that person, in that relationship with the person seeking assistance. I give that as just one example of the risk created by adding language, rather than leaving it more broadly for a court to interpret on the basis of the facts of the case.
- 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source
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Does the hon. Member agree that it is helpful to have it on record that we have evaluated these concepts from all sides, but determined that putting them in the Bill is not the right thing to do and would be too restrictive at this point?
- 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source
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I beg to move, That the clause be read a Second time. This is the final new clause of the Committee. As I said in support of new clause 25 and associated amendments last week, I want to strengthen the voice of disabled people in the Bill. New clause 35 would require the voluntary assisted dying commissioner to establish a disability advisory board that would report annually on the implementation and impact of the Act on disabled people. The new clause has been designed to ensure that disabled people have a voice at the heart of the Bill and an ongoing role in monitoring its impact. The disability advisory board model reflects a structure that was used at the Department of Health to implement the Autism Act 2009 and monitor the implementation of its provisions, statutory guidance and strategy. It was a highly effective body. Including a disability advisory board structure on the face of the Bill would entrench the board in the work of the commission, enabling a long-term and iterative structure in which disabled people could report on the reality of the impact of the Bill on disabled people across this country. This reflects comments made by Dan Scorer of Mencap in oral evidence. He said that if the Bill was passed, “We would want to see strong representation from patient groups…as well as from people who have been involved in the process, such as family members, advocates and clinicians, to make sure that if serious issues are being raised, they can be picked up early and addressed.” –– [ Official Report, Terminally Ill Adults (End of Life) Public Bill Committee, 30 January 2025; c. 280-81, Q367.] The board must therefore consist of “(a) people who have a disability under the Equality Act 2010, (b) representatives from disabled people’s organisations, and (c) other such persons or organisations as the Commissioner considers relevant to the impact of the Act on disabled people.” The commissioner would, within six months of being appointed, have to appoint a programme board to advise on the implementation of the Bill, and annually thereafter report on the impact of the Bill’s operation on disabled people. The clause reflects the learning of Dr Greg Mewett, the specialist palliative care physician from Australia who gave oral evidence to the Committee about the Australian implementation taskforce, which includes a strong disability advocate. My new clause would go further, by including a rigorous reporting process that requires the advisory board to report to the Secretary of State and the commissioner within six months of the commissioner being appointed, and annually thereafter. It also provides: “The Secretary of State must, within three months of receipt of any report under subsection (3), lay the report before both Houses of Parliament.” In the oral evidence sessions, I asked witnesses for their views on what structures or mechanisms could work to facilitate the opportunity to hear the voices of disabled people in monitoring the implementation and impact of the Bill were it to pass through Parliament. Dr Miro Griffiths said: “I think there needs to be further robust action around how to collect data and allow it to be analysed, to see the trends that are occurring in why people are pursuing this option and how that may play into broader political and socioeconomic issues, such as a lack of services elsewhere or frustrations for disabled people and their families in trying to access particular services…I would therefore encourage their representation on any form of advisory council. I would also request that disability studies scholars, who are often left out of the discourse around disability policy, are part of any form of mechanism to advise or scrutinise.” –– [ Official Report, Terminally Ill Adults (End of Life) Public Bill Committee, 29 January 2025; c. 145, Q183.] Subsection (2)(b) and (c) would provide for this. Professor Tom Shakespeare corroborated the benefits of such an advisory board, calling it a “very good idea.” Importantly, Fazilet Hadi, from Disability Rights UK, stated: “Should the Bill go through, it would be good to see a monitoring mechanism. I cannot say what that should be, but it would be good to see disabled people shape it. Some 45% of older people are disabled people, so disabled people are going to be very affected by the Bill.” Poignantly, she went on: “It is often our experience that we are the last people who are spoken to; maybe that is what is behind the question. We should of course be at the table now in respect of whatever mechanisms, and in the shaping of any implementation, should the Bill be passed.” –– [ Official Report, Terminally Ill Adults (End of Life) Public Bill Committee, 29 January 2025; c. 175, Q227.] There is, and there should be, nothing about us without us. As a disabled Member of Parliament, I am grateful to my hon. Friend the Member for Spen Valley for inviting me to sit on this Committee. Through this new clause and my earlier new clause 25, I have worked hard to put together a structure that ensures that disabled people are firmly at the table in the process of monitoring the implementation and impact of the Bill. I urge members of the Committee to support new clause 35.
- 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source
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Just to put this one to bed, which is where we all need to go at this stage, I did seek advice from those that have worked in this field, and it is not a concept used commonly in the criminal law. It is instead used in the law of equity and would not be as relevant in this context. There were other, sharper elements that could make up this concept of coercion that were better and more well understood in the context of the criminal law.
- 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source
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Clause 26 puts in place the elements of the offences under the Bill. It is right that it does that and draws the parameters very tightly and firmly. Under criminal law, those concepts are defined nowhere else on the face of a statute. My severe concern, having listened to the Committee and its worries about concepts such as coercion, is that we risk restricting our understanding of the concepts too tightly, and therefore excluding cases of the kinds that we want to include. By leaving them in the Bill but not defining them, we enable the common law courts to interpret the facts on the basis of the lives of the real people that come before them. I want to make sure that, where it is right and proper that those courts interpret the law on the basis of those facts, they are able to do so and are not restricted by too limited a definition in the Bill. I want to ensure that more, not fewer, cases can be encompassed. As I said in my speech, we have talked about these concepts in quite an abstract sense. I wanted us to ground that in the reality of what we might want guidance and further advice on those concepts to look like. That would follow the convention, as I have said already, in other areas of the law, such as domestic abuse, where the primary legislation does not define the concepts but secondary legislation provides further details and real-life examples for practitioners and the courts.
- 25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source
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I am grateful for the thorough and thoughtful discussion that we have had from Members on both sides of the Committee Room. I am pleased and reassured that we have that discussion on record, so that those looking at the work that we have done in this Committee will understand the depths and levels at which we have thought about these important concepts in this space and the extent to which we have challenged and checked Ministers in making sure that they understand our concern about these provisions being properly put in place. I also thank my hon. Friend the Member for Lowestoft for her important input, which I hope will be reflected in the training. I am glad that we have come this far and that we have a level of unanimity across both sides of the Committee Room. That is a nice point to reach as the Committee comes towards the end of its journey, and it reflects the essence and the intention that were so evident on Second Reading. I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn.
- 19 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-seventh sitting) · Hansard source
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For the avoidance of doubt, socioeconomic status would have been a protected characteristic under the Equality Act, were it not for the previous Conservative Government.
- 19 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-seventh sitting) · Hansard source
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I am grateful for the support of my hon. Friends the Members for Spen Valley and for Bexleyheath and Crayford. It sounds that I may also have the support of the hon. Member for East Wiltshire, which also makes me very happy at this stage of the evening! I tabled these amendments because I passionately believe in inclusive healthcare for disabled people, removing barriers to such healthcare where possible, and ensuring that disabled people have a strong voice in advocating for themselves and the healthcare they need or desire. I have tried to write the amendment and the new clause to ensure that access to an independent advocate operates across the functions of the Bill. I have been keen to ensure that this provision acts in conjunction with new clause 27, which I will speak about at a later stage. I hope, as I said in an earlier response to the hon. Member for East Wiltshire, that that will provide a solid and robust opportunity to monitor the impact on disabled people of the Bill, if it does pass through Parliament, through its implementation and in practice. Taken together, the measures will create a solid foundation to enable disabled people to have a voice and will provide a strong structure for accountability in the Bill. I acknowledge the Minister’s comments, and will work with him and my hon. Friend the Member for Spen Valley to ensure that it is watertight. Amendment 517 agreed to. Amendment made: 534, in clause 30, page 18, line 30, at end insert— “(da) the forms of proof of identity that are acceptable for the purposes of section 6.”— (Jack Abbott.) Amendment made: 523, in clause 30, page 18, line 31, leave out paragraph (e) and insert— “(1A) The Secretary of State may issue one or more codes of codes of practice in connection with any matters relating to the operation of this Act not required under subsection (1) as the Secretary of State considers appropriate.”— (Danny Kruger.) This amendment, which works together with Amendment 447, would clarify that the Secretary of State is not required to issue a code of practice under subsection (1)(e) but instead has the discretionary power to issue further codes of practice as the Secretary of State considers appropriate. Amendment made: 417, in clause 30, page 18, line 32, at end insert— “(1A) The Secretary of State must, within six months of the passing of this Act, issue one or more codes of practice in connection with the arrangements for ensuring effective communication in connection with the provision of assistance to persons in accordance with this Act, including the use of interpreters.”— (Jack Abbott.) This amendment is linked to Amendment 416. Amendments made: 216, in clause 30, page 18, line 37, leave out subsection (4). See the statement for Amendment 188. Amendment 217, in clause 30, page 18, line 38, leave out “that procedure” and insert “section 39”.— (Kim Leadbeater.) See the statement for Amendment 188.
- 19 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-seventh sitting) · Hansard source
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I should add that new clause 25(2)(e), on training, is central and will also assist in that respect. If the Chair will permit, that is why I talked about new clause 27, which builds in a strong structure that can reflect on how the provisions operate in practice.
- 19 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-seventh sitting) · Hansard source
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First, it is necessary that a patient should be able to engage with all the provisions in the Bill. The reason I did not support the previous amendments from my hon. Friend the Member for Bexleyheath and Crayford was that they would only have provided advocacy at too late a stage and would not effectively support a patient at that point we talked about in clause 4, which is around the moment of seeking assistance. I hope that answers the question.
- 19 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-seventh sitting) · Hansard source
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I beg to move amendment 517, in clause 30, page 18, line 30, at end insert— “(da) arrangements for a qualifying person requesting assistance to end their own life to receive the support of an independent advocate under section [ Independent advocate ].” This amendment would add arrangements for a qualifying person to receive the support of an independent advocate (NC25) to the list of matters that codes of practice may be issued on.
- 19 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-seventh sitting) · Hansard source
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I take on board and appreciate my hon. Friend’s point. I hope he will agree that subsection (3) emphasises the purpose of the new clause, which is that it should apply across the spectrum of access to assistance and enable people to effectively understand and engage with all of the provisions in the Bill. I very much wanted to ensure that it would apply and be accessible at every stage.
- 19 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-seventh sitting) · Hansard source
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It is a pleasure to serve under your chairship, Mrs Harris. I rise to speak to my new clause 25 and my related amendment 517. I note with pleasure that the Committee has agreed to amendment 447, which mandates the need for the code of practice. I also support amendment 394, tabled by my hon. Friend the Member for Bexleyheath and Crayford. My new clause 25 would require the Secretary of State to make provision by regulations for independent advocates to provide assistance to qualifying persons under the Bill. Amendment 517 would add “arrangements for a qualifying person…to receive the support of an independent advocate” to the list of matters provided for by the codes of practice in clause 30. The issue is deeply important to me. On Second Reading, I said: “so often control is taken away from disabled people in all sorts of circumstances. In order to ensure that there is compassionate choice at the end of life, it is right that the Bill is tightly drawn around the final stage of terminal illness for adults and includes the strongest safeguards.” —[ Official Report , 29 November 2024; Vol. 757, c.1052.] Those safeguards must include strengthening the voices of disabled people, both in the Bill and in the monitoring of its impact on disabled people if it is ultimately enacted. I tabled new clause 25 and the related amendment 517 alongside my proposed new clause 27, which would mandate a disability programme board to strengthen disabled people’s voices, empowering and better enabling them to be treated with dignity and respect when they are a qualifying person seeking to understand their options around end-of-life care. Subsection (3) of new clause 25 states: “The role of independent advocates is to provide support and advocacy to a qualifying person who is seeking to understand options around end of life care, including the possibility of requesting assistance to end their own life, to enable them to effectively understand and engage with all the provisions of this Act.” During one of the Committee’s oral evidence sessions, Professor Tom Shakespeare—the leading disability scholar and public policy expert—was asked which of the Bill’s measures could be strengthened to further protect disabled people. He said: “We could have more of an advocate for the person who is requesting assisted dying—somebody who will support them, within the law, to make that decision or to think about their decision.” –– [ Official Report, Terminally Ill Adults (End of Life) Public Bill Committee, 29 January 2025; c.144, Q181.] My new clause responds to the evidence from witnesses during those sessions and augments proposals made by my hon. Friend the Member for Bexleyheath and Crayford. It extends those proposals in two ways. Under the new clause, “qualifying person” would include those with a learning disability, those with autism and, importantly, those who have a mental disorder under section 1 of the Mental Health Act 1983. It also extends the scope to cover those who, as set out in subsection (4), “may experience substantial difficulty in understanding the processes or information relevant to those processes or communicating their views, wishes or feelings; or…meet criteria that the Secretary of State may specify by regulations.”
- 19 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-sixth sitting) · Hansard source
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That the domestic violence protection centre or home can refuse to let that lady stay there because she has latterly discovered that she is pregnant as a result of the abuse and wants to seek an abortion.
- 19 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-sixth sitting) · Hansard source
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To clarify, in my very clear example—it is a real-life example that reflects the experiences of someone who attended this Committee yesterday—the person has a terminal condition and enters a care home that makes her comfortable and is near her family, but discovers while the hospice or care home is trying to find methods to palliate that she is allergic to opioids and therefore her condition cannot be palliated. In the hon. Lady’s scenario, she would not be able to choose assisted death because that care home has a blanket policy against it. That would discriminate against that young woman, who has an allergy to opioids that means that she cannot be palliated.
- 19 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-sixth sitting) · Hansard source
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Just so I am clear, if a young woman is escaping domestic abuse and goes to a domestic violence space close to her home so that her children can carry on going to school, but finds out once she is there that she is pregnant by the abuser, does my hon. Friend think that that is acceptable?
- 19 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-sixth sitting) · Hansard source
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I am glad to hear my hon. Friend’s answer. I ask that question because I can imagine an analogous situation of a woman suffering from breast cancer who is allergic to opioids but does not know that when she enters the care home. If her cancer reaches a stage of terminality but she cannot pursue palliative options because of her allergy to opioids, assisted dying would be the only option for her to die with dignity and not in great discomfort. Under my hon. Friend’s scenario, that woman would not be able to pursue an assisted death in that care home.
- 18 Mar 2025 · Welfare Reform · Hansard source
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After 14 years of Conservative failure, there is a 29% employment gap and a 17% pay gap for disabled people in this country. We must therefore ensure that the social model of disability is central to Government decision making, to achieve inclusive growth that enables disabled people to fulfil their potential. I welcome the Secretary of State’s proactive approach to reasonable adjustments and the £1 billion support package to get disabled people back into work where they can work, as well as her recognition that PIP is designed as an in-work benefit to enable people to live independently. Research shows that supportive, incentive-based approaches massively outperform cuts or sanctions in getting disabled people into sustainable employment. What work has she done to develop inclusive growth strategies across all employment sectors, to close the disability employment gap and the disability pay gap?
- 12 Mar 2025 · Points of Order · Hansard source
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On a point of order, Madam Deputy Speaker. I would like to correct the record and make a declaration of interests. In my excitement while making my first intervention during proceedings on the Employment Rights Bill yesterday, I did not point Members to my entry in the Register of Members’ Financial Interests or mention my proud membership of the Community, GMB and Unison unions. I would like to ensure that that is on the record as well as in the register.
- 12 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-third sitting) · Hansard source
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I supported the Bill on Second Reading on the basis of the High Court proposal, but then read very closely the evidence from Justice Munby on the need for a strengthened evidentiary process so that this is not just a rubber-stamping exercise. He said, secondly, that it would be better to replace the High Court with another system because of the position that it would place judges in. Having listened to 50 witnesses, I am satisfied with this proposal; I was persuaded through this cross-party process, which is an incredible example of deliberative decision making. Does the hon. Gentleman agree that our ability to amend the Bill where the evidence shows that we must do so demonstrates the strength of this process, and has enabled us to produce something much better and more in alignment with public opinion?
- 11 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty First sitting) · Hansard source
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New clause 21(4)(e) says that the panel “may ask any person appearing to it to have relevant knowledge or experience to report to it on such matters relating to the person to whom the referral relates as it considers appropriate.” Does my hon. Friend not agree that the expertise of the three panel members, as set out in the new clause, will mean they will very much have the ability to identify, on the basis of that subsection, the kind of individuals and the knowledge required?
- 11 Mar 2025 · Employment Rights Bill · Hansard source
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I wonder whether my hon. Friend agrees with Julie Abraham, the CEO of Richer Sounds, who says: “Happy colleagues are likely to be more productive. This also leads to reduced stock loss and higher staff retention, which in turn, minimises recruitment and training costs, not to mention disruption to established teams.”
- 6 Mar 2025 · Business of the House · Hansard source
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Flooding has caused heartache for families and communities in my constituency. In order to be protected from extreme flooding, they desperately need Sheffield city council’s excellent proposals for the upper Don flood alleviation scheme, including work on the Clough Dike culvert and Whitley Brook improvements. Despite widespread local support and the importance of that scheme, the Conservatives never actually allocated funding to it. Will the Leader of the House allow time to debate flood alleviation schemes, to ensure that the appropriate funding is allocated in the forthcoming spending review?
- 6 Mar 2025 · International Women’s Day · Hansard source
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I certainly do, and I want to ensure that our health services take a more intersectional approach. Indeed, UK maternity policy continues to overlook women’s needs. Now it is time for action. Disabled women should experience high-quality, inclusive maternity care. We need joined-up, meaningful, inclusive maternity care pathways throughout pregnancy, birth and the post-natal period to improve access, experience and outcomes for disabled women. Crucially, there must be nothing about us without us. Disabled women must be central in improving maternity care services, and while I met some wonderful clinicians, we must increase their understanding through better training and update clinical guidelines to secure appropriate care. Finally, we must ensure that healthcare facilities, equipment and information are accessible, and that reasonable adjustments to maternity wards enable disabled women to recover from birth with dignity.
- 6 Mar 2025 · International Women’s Day · Hansard source
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The first time I saw the Alison Lapper Pregnant sculpture in Trafalgar Square, it took my breath away. The swollen belly of Lapper spoke of a body that was loved and carried life. It said, “I exist—bodies like mine exist, and therein there is beauty. We shall no longer be invisible.” However, unlike non-disabled women, our experiences of pregnancy have not been celebrated or discussed. When I found out in 2017 that I was pregnant, I was filled with joy and a deep connection to my body and unborn child. Growing up, the absence of disabled women’s representation in discussions of sexuality, relationships, menstruation, menopause and maternity left me feeling that my womanhood did not count—that it was vitiated by my visible physical disability. In contrast, when I was pregnant, my body was no longer just a topic of medical scrutiny; my womanhood was no longer invisible. I wanted my maternity to be embraced by a healthcare system that supported me in my journey, but that was not my reality. Instead, the system was unprepared for a body like mine. Early on, I was triaged to a genetic counselling service. I was left feeling devastated. As my pregnancy progressed, there were no specialist midwifery teams, and the lack of awareness of the interaction between my disability and maternity continued. I had to be induced at 37 weeks, leading to a caesarean section. My core muscles were severely impacted and I was left debilitated. After birth, the en-suite room I was put in was inaccessible—the very space that was meant to aid my recovery became another barrier. Upon discharge, the occupational therapy team had no specialist advice on how I could breastfeed outside of my home or carry my baby. I became increasingly dependent on family members. I was exhausted and lost my confidence, not because of anything I had done, but because the structures that were meant to support me did not know how to do so. My experience came eight years after the UN Committee on the Rights of Persons with Disabilities raised concerns that the UK had failed to mainstream disabled women’s rights into healthcare. This week, the London School of Hygiene and Tropical Medicine has published a report demonstrating that disabled women are more likely to experience stillbirth, have lower rates of breastfeeding, and endure longer post-natal hospital stays.
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