Sarah Sackman MP: speeches

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Speeches

22 Apr 2025 · Legal Aid: Rural Areas · Hansard source
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I thank the hon. Member for raising the issue of legal aid deserts, and I welcome his suggestion that he write to me about these things. I regularly meet legal aid providers, and that is why we are investing an additional £6 million in legal support, which provides that early advice that can make a real difference in areas such as his.
22 Apr 2025 · Legal Aid: Rural Areas · Hansard source
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My hon. Friend is right to raise the importance of early legal support and legal aid. That is why we are investing in online provision. As I have said, remote technology can make a real difference in areas such as hers. Before I came to this place, I volunteered in a free legal advice centre, so I know just how much of a difference such institutions can make.
22 Apr 2025 · Legal Aid: Rural Areas · Hansard source
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Wherever they are in England and Wales, people should benefit from equal access to legal support and legal aid. Remote technology and provision of online advice present the opportunity both to democratise legal advice and to deliver it to all who need to access it. We are investing an additional £92 million to support the sustainability of the criminal legal aid sector, and we are consulting on fee increases totalling £20 million for housing and immigration to increase access to civil legal aid. All of this will support legal aid across the country, including in rural areas.
22 Apr 2025 · Court Backlogs · Hansard source
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This Government inherited a record rise in court backlogs. The last Conservative Government let down victims of crime, businesses, workers and families, all through their neglect and under-investment. This Government are gripping the crisis: to date we have funded a record high allocation of 110,000 Crown court sitting days for next year, and we are, and intend to be, at or close to the maximum in every jurisdiction. We are fixing the last Government’s mess.
22 Apr 2025 · Court Backlogs · Hansard source
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I am desperately sorry to hear about the case that my hon. Friend describes. Once again, the best thing that we can do for those families, to ensure that they get swifter justice and get their day in court in a timely fashion, is bear down on the Crown court backlog. That is why we are waiting for Sir Brian Leveson to report in the spring, and why we will act promptly on his recommendations.
22 Apr 2025 · Court Backlogs · Hansard source
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We recognise the traumatic impact of delays in our Crown courts on victims of violence against women and girls and, indeed, victims of all crimes. The best thing we can do for those victims is deliver swifter justice. We will do that not just by spending extra money—which we have done—but through reform, so we have asked Sir Brian Leveson to propose bold and ambitious measures to deliver the swifter justice for which the hon. Member has asked.
22 Apr 2025 · Draft Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 · Hansard source
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I thank hon. Members for their contributions to a debate on a really important topic. The consensus that has been expressed is truly welcome. Though these are perhaps technical changes, they affect, as the hon. Member for Kingswinford and South Staffordshire rightly pointed out, some of the most vulnerable people, who need to navigate a complex legal and justice system. Legal aid, and the accessibility of that system, is critical to their ability both to know their rights and to enforce them. I truly welcome the hon. Gentleman’s support for changes that, as he rightly says, are not just semantic but meaningful, and that we hope will capture wider types of behaviour within the scope of legal aid, while supporting the accessibility of legal aid in the context of the immigration system and in relation to DAPOs and DAPNs. I thank the hon. Member for Wells and Mendip Hills (Tessa Munt) for her intervention and, as I said, we may be able to follow up on that case. The Ministry of Justice is piloting DAPOs because we believe that they can work. Our aspiration is to roll them out, but obviously we will do that in an evidence-based way. I can report to the Committee that the early signs are good. Both the police and the courts are finding that the orders are working. DAPOs are resulting in perpetrators being put behind bars for breaching them, and in those perpetrators being required to attend behaviour change programmes to alter their behaviour towards partners and others impacted by what are, ultimately, heinous types of coercion. The early signs are good, but we will be guided by the evidence, and we will of course keep the House updated on how it is bearing out. I welcome Members’ support for these technical but truly important changes. Question put and agreed to.
22 Apr 2025 · Draft Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 · Hansard source
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I beg to move, That the Committee has considered the draft Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025. It is a pleasure to serve under your chairship, Sir Desmond. The draft order makes a number of important changes to ensure that legal aid continues to support victims of domestic abuse. It is an important part of the Government’s commitment to ensure that legal aid continues to be available to those most in need and continues to serve some of the most vulnerable people in our society who need our support. It also ensures that our legal aid legislation is aligned with wider Government legislation on domestic abuse and immigration law. Principally, this statutory instrument does four things. First, it will make changes to enhance the scope of immigration legal aid. It will make legal aid available for those eligible to apply for settlement in the United Kingdom as a victim of domestic abuse under the immigration rules. This change will ensure that all eligible domestic abuse victims can access legal aid for applications under this immigration route. Secondly, it will amend the evidence requirements for domestic abuse victims applying for legal aid. It will do this by enabling victims to present evidence of abuse from appropriate medical practitioners overseas. Thirdly, it will make changes to terminology to align with the Domestic Abuse Act 2021, replacing the term “domestic violence” with “domestic abuse,” and the term “financial abuse” with “economic abuse.” It will also recognise that abuse against an individual may consist of behaviour directed at another individual, for example at the victim’s child. These changes will ensure consistency with wider legislation. Finally, the statutory instrument will make changes to complement instruments made in 2023 and 2024 on the scope of legal aid in relation to domestic abuse protection orders and domestic abuse protection notices. If enacted, it will ensure fuller availability of legal aid for individuals in respect of these orders. Before turning to each of the amendments and provisions in detail, I will take a moment to outline how the legal aid scheme works as a matter of generality. In general, civil legal aid is available to an individual if their issue is listed within part 1 of schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, otherwise known as LASPO. Then, in most cases, an individual must pass a means test—a check on their financial eligibility—and a merits test, which ensures that the taxpayer is not funding unmeritorious cases. In certain cases, most notably those involving victims of domestic abuse or child abuse, evidence requirements also need to be satisfied. I will now turn to each of the four topics covered in this draft order. First, amendments will be made to the availability of immigration legal aid for victims of domestic abuse who are applying for leave to enter or remain in the UK. Currently, legal aid is available for some victims of domestic abuse who are eligible to apply for leave to remain in the UK under Home Office immigration rules, subject to means and merits tests. The immigration rules set out the rules for entering and remaining in the UK. The immigration rules include “Appendix Victim of Domestic Abuse,” which I will henceforth refer to as “the appendix.” The appendix concerns victims whose leave to remain in the UK was based on their partner or spouse’s immigration status, and whose relationship has broken down as a result of domestic abuse. It is the route by which victims can apply for settlement in the UK independent of their partner’s status, ensuring that they can escape the abusive relationship without having to leave or be removed from the UK as a result. The eligibility requirements in the appendix are amended from time to time, and that is what we are doing here. The draft order amends LASPO to ensure that legal aid provision for victims applying for leave to enter or remain in the UK is aligned with the latest requirements set out in the appendix. The changes will ensure that this alignment will continue in the event that amendments are made to the appendix in future. This will mean that all victims of domestic abuse can access legal aid to assist with an application under the appendix for leave to enter or remain, subject to means and merits tests.
22 Apr 2025 · Draft Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 · Hansard source
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Indeed, and the hon. Lady is very welcome to write to me about that specific case, if the Ministry of Justice is the appropriate place to deal with it. Of course, I will respond to her, but it may well be a question for the relevant Home Office Minister. Secondly, this draft order will make changes to the evidence requirements that victims of domestic abuse must satisfy to receive legal aid. Acceptable forms of evidence are set out in schedule 1 to the Civil Legal Aid (Procedure) Regulations 2012. Currently, certain forms of overseas evidence are accepted as evidence of domestic abuse. For example, legal aid applications may include supporting documentation concerning an arrest or a police caution abroad. However, evidence of domestic abuse from overseas medical practitioners is not currently accepted. The Government wish to change regulations to enable evidence from appropriate health professionals who are licensed and registered overseas to be accepted for legal aid applications. That will enhance the ability of victims to take action against perpetrators. Thirdly, the draft order will amend the terminology within LASPO and associated regulations to align with the Domestic Abuse Act 2021. Since its enactment, terminology across Government has moved away from “domestic violence” towards “domestic abuse” to recognise explicitly that perpetrators can often use more than just physical violence to harm an individual. Within its definition of “domestic abuse,” the 2021 Act describes such behaviour as including “physical or sexual abuse,” “violent or threatening behaviour,” “controlling or coercive behaviour”, “economic abuse” and “psychological, emotional or other abuse”. The inclusion of the term “economic abuse” in this definition rather than “financial abuse,” which is currently used within LASPO, also reflects a shift in recent years to acknowledge explicitly that abuse often goes beyond interfering with money and finances to include broader economic resources, such as housing, possessions and clothing. Further, the Domestic Abuse Act expressly states that domestic abuse of an individual includes “conduct directed at another person”. For example, an abuser may direct behaviour towards a child in the household to facilitate or perpetuate the abuse of their partner. The definition of “domestic violence” in LASPO recognises that abuse extends beyond physical violence and therefore implicitly includes abuse directed at third parties. By updating the LASPO terminology to align with wording used in the Domestic Abuse Act, we aim to reduce the risk of victims perceiving that the abuse they are experiencing is out of scope for legal aid funding. Finally, the draft order complements previous statutory instruments that made provision for bringing legal aid into scope for victims, third parties and those subject to domestic abuse protection orders and domestic abuse protection notices. DAPOs and DAPNs, as they are known, are new orders that are now available in Greater Manchester, three London boroughs—Bromley, Croydon and Sutton—and Cleveland, and are used by the British Transport police in those areas. We will shortly be extending DAPOs and DAPNs to north Wales. The draft order makes further changes to LASPO and the Criminal Legal Aid (General) Regulations 2013 to bring other aspects of the Domestic Abuse Act in relation to DAPOs and DAPNs within scope of civil and criminal legal aid. These changes will help to ensure fuller availability of legal aid for individuals in respect of these orders. These technical changes are designed to address unintended gaps in provision. To conclude, the draft order will make legal aid available to some of society’s most vulnerable people, furthering this Government’s ambition to support victims of domestic abuse.
22 Apr 2025 · Draft Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025 · Hansard source
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I thank the hon. Lady for raising that case. The circumstances that she describes are appalling, although obviously I cannot comment on the specifics of the case. How to deal with that would ultimately have been a matter for the Home Office. However, where there is evidence of domestic abuse that results in a criminal conviction, that is exactly what these proposed amendments are designed to protect against. We are extending legal aid to victims of domestic abuse where the perpetrator’s immigration status bears on theirs. The hon. Lady is right that the circumstances she describes come at the issue from a different angle. Either way, what she describes is clearly appalling, and we should not be rewarding such behaviour by granting leave to remain in this country. Indeed, where someone is convicted of an offence, we should be looking to take all steps to remove them from this country.
22 Apr 2025 · Topical Questions · Hansard source
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At a time when victims are waiting far too long for their day in court, it is right that we look at all options. We have asked Sir Brian Leveson to consider all options in his review, including the reclassification of some offences to summary only.
22 Apr 2025 · Topical Questions · Hansard source
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My hon. Friend is absolutely right. The other day I visited the Telford justice centre, where one of the courtrooms was out of use because of mould and a leaky roof. The Government are making an additional capital investment of £20 million this year to maintain and restore our buildings so that they can be full and active for use. We are also investing in new court buildings; from Blackpool to the City of London there will be new courts, and they will serve the public well.
8 Apr 2025 · Court Waiting Times: Kent · Hansard source
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It is a pleasure to serve under your chairship, Mr Stringer. I thank my hon. Friend the Member for Chatham and Aylesford (Tristan Osborne) for securing this important debate. Our ability to provide justice to the public and restore confidence in our criminal justice system, so bruised after the last 14 years, is of the utmost importance. I am grateful to be able to debate these issues today. I will start by touching on the profound challenges that the Government face in the Crown court. When we came into power, we inherited a record and rising backlog. As others have pointed out, today it stands at 74,000 cases, which is around double what it was five years ago. I heard the hon. Member for Bexhill and Battle (Dr Mullan) outline his somewhat fairytale account of how we got here. His Government neglected their responsibilities both in the context of prisons, which were at breaking point when we entered government, and the dire inheritance in our Crown courts. He seeks to blame it purely on external factors, such as the covid pandemic. Who does he think was responsible for the industrial strike and the failure to broker with the professions? Under whose watch was that Crown court backlog allowed to rise? The failure to invest and reform are failures that this Government are intent on reversing. As my hon. Friend the Member for Chatham and Aylesford pointed out, the backlog involves real people. Real people lie behind these statistics. As we heard, countless lives of both victims and accused people have been put on hold as they wait for cases to come to trial. It simply represents an affront to the concept of swift justice, and I am afraid it represents the failure of the previous Government to take decisive and significant action—action that we will not shirk taking. The issue is more complex than simply rising numbers. Receipts are increasingly high and rising. The nature of the case load is different than before the pandemic; it is now made up of a greater proportion of more serious and complex offences, which take up more court time and tend to have a lower guilty plea rate. We acknowledge that has real-life consequences for victims and witnesses and that we are letting people down, both those who serve in the system and those served by it. Addressing the Crown court backlog is a priority for this Department and this Government. We are not dithering and delaying—far from it. We have actually gripped the crisis. Last year, the Lord Chancellor funded an additional 2,500 court sitting days on top of the allocation agreed by the previous Government, contrary again to what the hon. Member for Bexhill and Battle said. His Government agreed one settlement; we looked to fund over and above that, with 2,500 additional court sitting days and additional sentencing powers given to magistrates to free up vital capacity within the Crown court. We did not stop there. To deliver swifter justice for victims, we announced funding that will enable 110,000 crime court sitting days in this financial year. That is an additional 4,000 more days than the previous Government funded and the highest allocation in recorded history. The hon. Member for Bexhill and Battle says, “Well, that’s not as many as the Lady Chief Justice could offer up.” The fact is there is a difference between sitting days and the capacity of the system. It is not simply a matter of judicial sitting days; it is about the capacity of our prosecutors, defence lawyers, legal aid and the entirety of the system to operate. We have allocated a record number of sitting days within that context. I know my hon. Friend the Member for Chatham and Aylesford is specifically concerned with the situation in Kent, and I am thankful for his efforts and those of fellow Members of Parliament within the Kent area for raising this issue. I am sincerely sorry to hear about the experiences he describes and how they are impacting his constituents. With this record Crown court sitting day allocation, Kent can sit all its courts for the full year at capacity. That will include an additional courtroom at Canterbury, which we have equipped for Crown court use. To his question about flexibility, of course listing is a matter for the independent judiciary, but that additional capacity at Canterbury will enable some of the cases at Maidstone to be transferred there. There is also flexibility in the system to deal with additional capacity and pressures. In addition to the sixth courtroom at Canterbury, we are working closely with circuit-presiding judges to enable additional Kent cases to be heard in London. Some of that has already begun, with cases emanating from north-west Kent being dealt with at Woolwich Crown court. I hope that will alleviate some of the pressures faced by his constituents. Just yesterday, I spoke to Lisa Killham, the delivery director for court services in the south-east region, to ask what additional steps she and her team can offer to provide additional capacity and flexibility within the system. I know they are working hard to alleviate some of the particular pressures felt at Maidstone. Some of that is a system design problem. The role of case co-ordinators, which the hon. Member for Bexhill and Battle raised, is really important, as is the use of case progression meetings to strive to improve the effective trial rate. All those measures will be vital in bearing down on the Crown court backlog in the Kent area. We know the backlog is serious and rising. Doing nothing is not an option. That is why we asked Sir Brian Leveson, one of our most distinguished judges, to conduct a wholesale review of our criminal courts and propose radical, once-in-a-generation reform to deliver swifter justice for victims. That is not outsourcing policy thinking; it is bringing the very best expertise and experience within our system to assist the Government in what needs to be a once-in-a-generation level of reform—and nothing is off the table. As Members will know, Sir Brian is looking at things such as re-classification of offences and what sorts of cases are appropriate for a jury trial. Jury trial will always be a cornerstone of British justice, appropriate for the most serious cases, but the right to jury trial is not absolutely sacrosanct; what we need to ensure is the right to a fair trial. At the moment, victims of rape or serious sexual violence are having to wait one, two or even three years for their date in court, and that is not fairness at all. That is not a fair trial for any of the participants. That is why Sir Brian is looking at every single option. We inherited a justice system on its knees, and we steadfastly refuse to let it fall over entirely. Restoring swift justice in this country will require the courage to take decisions—big decisions that could and should have been taken by the last Government. I pay tribute to the hon. Member for Eastbourne (Josh Babarinde) and my hon. Friend the Member for Ashford (Sojan Joseph) for raising the situation for victims who are badly let down by the current system. Court backlogs have an undeniable impact on victims. The disruption to victims’ lives affects their ability to function, work and maintain relationships and the Government take it very seriously indeed. The Victims’ Commissioner recently published a report highlighting the profound effect of the delays on victims, including the particularly adverse effect on victims of rape and serious sexual offences. To ensure ongoing communication with victims in the pre-trial period, the Government will ensure that every Crown Prosecution Service area now has at least one dedicated victim liaison officer in its rape and serious sexual offences unit, and that pre-trial meetings with a prosecutor are offered to all adult victims of those crimes. That singular point of contact can make a real difference. As part of our landmark ambition to halve violence against women and girls, the Government have committed to introducing free, independent legal advice for victims and survivors of adult rape across England and Wales, to help them to understand and uphold their legal rights. We aim to begin a phased roll-out of the service later this year. In the upcoming financial year, as the hon. Member for Eastbourne rightly pointed out, we have protected dedicated victim spending in the Department by maintaining this year’s funding level for ringfenced sexual violence and domestic abuse support. The hon. Member challenged us to go further and is right to do so. We have ensured that the funding for victim support is spent in the most effective way. That is why we have victim liaison officers and why we are introducing independent legal advice for victims and survivors of rape. It is right that we target resource on the most vulnerable victims in our system. My hon. Friend the Member for Ashford was right to raise the issue of backlogs not just in the Crown court jurisdiction, which is our focus today, but right across all jurisdictions. The Crown court is of course a significant priority for the Government, but as courts Minister I am focusing on managing demand across all our jurisdictions, including our magistrates and our civil jurisdictions. The truth—the hon. Member for Bexhill and Battle seems to have forgotten this as part of his party’s collective amnesia—is that the Conservatives left us with a mess in every single part of our justice system. On the civil justice side, whether someone was an employee, a tenant, a landlord, or an individual with a claim and a desire for redress, they were left with a mess. In our criminal justice system it was the same, whether in the magistrates or the Crown court. More than 90% of all criminal cases are dealt with at the level of the magistrates court, where cases continue to be completed swiftly. That is a good news story. Although the open caseload rose by just under 14% in the year up until December 2024, timeliness in getting through cases has remained stable. We expect demand to continue to rise and, to keep pace, we will continue to invest in the recruitment of more magistrates. We are aiming to recruit 2,000 new and diverse magistrates this year. The diversity of our magistracy is highly important. Whether it is the civil jurisdiction or our tribunal system, we are at capacity, sitting at the maximum, or close to the maximum, number of sitting days across all jurisdictions. That reflects the Government’s commitment to bear down on backlogs in every single part of our justice system. The hon. Member for Bexhill and Battle asked when Sir Brian is due to report; that will be later in the spring. When will the Government legislate? We want to get on with it, so we will legislate as soon as possible, either later this year or early in the new year. We are not hanging around; we have to get on top of this issue. Do we see a continued role for case co-ordinators? We absolutely do: effective case management is vital. Reducing delays in the criminal courts, maintaining our progress across all jurisdictions—including in the family court and in the civil justice space—and of course improving the experience of victims continue to be priorities for the Government. My hon. Friend the Member for Ashford raised the issue of digitisation. I hot-footed it here from the Justice Committee, where we were talking about digitisation in the civil justice space. The Government are ambitious about what we can do, the efficiencies and the greater access to justice we can realise by end-to-end digitisation. A small example of that is the Government’s commitment, as part of our renters’ rights reform, to have fully digitised processes in the possession claims space—end-to-end digitisation vindicating the rights of renters. That is just one example. We can import the same learnings into our criminal justice space, as well as make greater use of remote hearings and alleviate the particular pressures that exist in my hon. Friend’s part of the world, and in the rest of Kent, which this debate is all about. We know of the particular pressures not just in the criminal jurisdiction but in the civil jurisdiction in London and the south-east. The Government are working hard to alleviate pressures in both places. The hon. Member for Eastbourne was right to talk about prevention, not just cure. It is right that when we look at demand coming into the system, we look at the whole of the societal pressures that lead to the increasing demand. That is why the Government have a policy, in relation to youth hubs, that is introducing exactly the sorts of services to which the hon. Member once contributed so much. Reducing delays in all areas is vital. We will deliver once-in-a-generation reform of our courts, to deliver swifter justice for all and adequately tackle the Crown court backlog not just in Kent but right across the United Kingdom. I thank my hon. Friend the Member for Chatham and Aylesford again for raising this important issue for debate.
25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source
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I was just checking that my eyes are not failing me. It is good to see consensus break out across the Committee on these issues. For what it is worth, both as a Government Minister and a Committee member, I think it is excellent that we have had this debate on definitions. All members of the Committee have an interest in ensuring that where the words “coercion”, “pressure” and “dishonesty”, which run through all the relevant amendments, appear in the Bill—whether in relation to the eligibility criteria or the criminal offences—they operate as intended and with the breadth to capture the range of behaviours they are seeking to safeguard against. I will be brief because we have rehearsed a number of these issues before. Indeed, my hon. Friend the Member for Penistone and Stocksbridge has stolen my thunder in many respects and said a lot of what I was going to say. In relation to the definitions of coercion, pressure and dishonesty, to which the various amendments relate, it is important to note—and this is the Government’s view—that including a statutory definition would risk overcomplicating the issue and inadvertently narrowing the protections that the criminal offences in the Bill are intended to provide. At the moment, the Bill does not include a statutory definition for any of those terms. As a consequence, they carry their natural meaning, as construed by the courts, and therefore have, in practice, a broad meaning.
25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source
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I hope to be brief, given it is the witching hour. This new clause would require the voluntary assisted dying commissioner to establish within six months of their appointment a disability advisory board. The advisory board must include representation from disabled people and disabled people’s organisations. Within six months of its appointment, the advisory board must report to the Secretary of State and the commissioner to advise on the implementation of the Act for disabled people. We anticipate that the advisory board’s annual report will be separate from the commissioner’s, and that in time this may be subject to a level of integration between the two bodies. Practical arrangements for the advisory board would require further consideration, but the Government can see no workability reason why this should not go ahead.
25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source
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The hon. Member is right. Section 1 of the Equality Act 2010 refers to taking into account the impact of public administration decisions on socioeconomic disadvantage. The previous Labour Government brought that provision in under that landmark Act, but it was never brought into force. She is right that the Government are looking to do that. The question is: what is appropriate for the Bill that we are considering right here, right now? From the Government’s point of view, the voluntary assisted dying commission will be subject to the Equality Act, as it stands, and it is right that there is no need to specify the carrying out of an equality impact assessment in the Bill. That assessment will, at the appropriate time, contain whatever the Equality Act requires of that public decision maker. I do not think that we need to pre-empt, through this vehicle, things that have not yet happened in other areas of legislation. The other point is that, leaving over for the regulations and guidance that the voluntary assisted dying commission is anticipated to produce, to take into account what needs to be taken into account in order to fully understand the regime and how it is operating, can all be developed by what will ultimately be an expert body in this field, should Parliament decide to vote for it. The question in the context of the amendments is: what do the Committee and Parliament say needs to go in the Bill right now? The Government’s position is that the amendments are neither necessary nor workable in our current legal regime. Amendment 451 seeks to further specify what is included in the commissioner’s annual report under the promoter’s amendments to clause 34. Under amendment 451, the report must contain information on where there have been complications in the procedure, and we assume that to mean the procedure relating to the self-administration of the approved substance, as I think was clarified earlier by my hon. Friend the Member for Bradford West, who referred to clause 9 in that regard. The commissioner’s report would also be required to include analysis of a specified list of matters, including the diagnosis and prognosis of persons seeking assistance, concerns raised by family members or the multidisciplinary panel, and demographic data, including socioeconomic data and information on protected characteristics. The Government have worked with the promoter on her amendments 455 and 456. Under amendment 455, the commissioner’s annual report would be required to include information about the application of the Bill to persons with protected characteristics and any other descriptions of persons specified in regulations made by the Secretary of State. That is the point: the regime can evolve as appropriate when we know what it looks like and how it is operating. It can even go further than some of the categories that Members have described. That may include persons from different demographics and socioeconomic backgrounds, as proposed by the amendment. The amendment would also require the commissioner to consult, when preparing an annual report, with the chief medical officers for England and Wales and others who appear to the commissioner to represent the interests of persons who have protected characteristics and who the commissioner deems appropriate.
25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source
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It is a pleasure to serve under your chairship, Mrs Harris. I will speak first to lead amendment 382 in the name of my hon. Friend the Member for Spen Valley, and then to consequential amendments 383 to 387 and 389, on which the Government have worked with the Bill’s promoter. As the Committee will know, the Bill currently requires the relevant chief medical officers to submit an annual report to the relevant national authority. The amendments would require that the monitoring, investigation and reporting functions under clause 34 are carried out by the voluntary assisted dying commissioner, as opposed to the chief medical officers for England and for Wales, as currently drafted. The functions are to “monitor the operation of the Act, including compliance with its provisions and any regulations or codes of practice” that are developed; to investigate and report on “any matter connected with the operation of the Act”, including those that have been referred to the Secretary of State or Welsh Ministers; and to “submit an annual report”. The Secretary of State or Welsh Ministers would be required to lay the commissioner’s annual report before, respectively, Parliament or the Senedd, and issue a formal response.
25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source
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It is a pleasure to serve under your chairship, Sir Roger. I will turn first to the lead amendment, amendment 450, in the name of my hon. Friend the Member for York Central. As clause 34 stands, the chief medical officer must submit an annual report on the operation of the Bill. Under amendments tabled by the promoter, my hon. Friend the Member for Spen Valley, that would be the responsibility of the commissioner. Amendment 450 would require the chief medical officer to produce an annual equality impact assessment that assesses access to both assisted dying and palliative care for those with protected characteristics, and by socioeconomic status and geographical location. The amendment seems intended to ensure that monitoring and reporting considers the impact of the Bill on vulnerable groups. Protected characteristics are defined by reference to section 4 of the Equality Act 2010, which means that the report would need to consider the characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. The term “equality impact assessment” is not defined in the amendment or elsewhere in the Bill. While equality impact assessments are produced routinely by Government and other public bodies in order to discharge the public sector equality duty, it is not clear what type of assessment amendment 450 would require, so, in practice, there may be difficulties for the chief medical officer in understanding whether the duty has been discharged. Impact assessments are not within the purview of a chief medical officer and should be undertaken by those who are appropriately qualified to carry them out. In addition, “socioeconomic status” and “geographical location” are also undefined in the amendment and are not defined elsewhere in the Bill. Socioeconomic status and geographical location are not of themselves protected characteristics under the Equality Act, so are not required to be considered as part of the public sector equality duty. It is not clear, therefore, what the assessment of those factors is intended to involve.
25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source
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I suggest that those are ultimately policy choices, first for the promoter, my hon. Friend the Member for Spen Valley, and then—if the regime is voted on and passed—for the commissioner. In reality, a lot of the data that one will collect when one has due regard to the differential impact on these protected groups will in practice have a large degree of overlap with other aspects of socioeconomic disadvantage, as is so often the case in equality impact assessments.
25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source
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It is right that the commissioner, in their role of scrutinising the operation and workability of the assisted dying regime, could, under the powers conferred by the Bill, look at a range of factors, and indeed at whatever they deemed relevant to discharging that exercise. The question is: what is appropriate to be defined within primary legislation? The Government’s position is that, given that all public bodies are governed by the Equality Act, due regard to all those protected characteristics would be included. However, what is not defined within amendment 450 is socioeconomic status or geographic location. If, down the line, the commissioner wanted to look at those things, they could look at them.
25 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-ninth sitting) · Hansard source
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Bear with me one moment, Sir Roger. I have just had a message, and I want to see whether it is relevant to what I want to say. Forgive me.
19 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-seventh sitting) · Hansard source
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I was introducing amendment 504, which amends clause 24(1) to ensure that a person is not guilty of an offence by virtue of providing assistance in accordance with, or performing a function under, the Bill—for example, by undertaking the first or second assessment or providing the approved substance. The effect of the amendment is to ensure that a person is not guilty of an offence by virtue of assisting a person seeking to end their own life in accordance with the Bill. The phrase “in accordance with” the Bill is key. For example, where someone accompanies a person to the appointment at which they will self-administer the substance, the amendment would carve out any criminal liability for the accompanying person. As originally drafted, the wording would have limited the protection offered by subsection (1) to the far narrower situation of the medical professionals providing assistance under clause 18. The amendment will give effect to the policy intent of the hon. Member for Spen Valley of applying that protection to all those who provide assistance in accordance with, or by performing a function under, the Bill. Subsection (2) clarifies that the clause does not override other ways in which a court may find that a person is not guilty of an offence. Clause 24(3) inserts proposed new section 2AA into the Suicide Act 1961. As amended by amendment 505, that new section ensures that it is not an offence under the Suicide Act to perform a function under the Bill, or to assist a person seeking to end their own life by doing anything under the Bill. That is for the same reasons that I set out in relation to subsection (1). The new section also provides a defence to the offence of encouraging or assisting suicide, where a person reasonably believes that they were acting in accordance with the Bill, and that they took all reasonable precautions and exercised all due diligence to avoid committing the offence. Taken as a package, the effect of these amendments is to make the Bill legally workable. To do that, it is necessary to ensure that those who assist a person to use the lawful route are not then subject to criminal liability for doing so. Clause 24 clause, taken together with amendments 504 and 505, gives effect to that. Let me address some of the issues raised by Opposition Members. There was a question as to whether there is any overlap between offences under the Bill—we will come to some of those offences in due course with clauses 26 and 27—and offences that remain on the statute book under the Suicide Act. The short answer to the question from the hon. Member for Reigate, although I know she has written to my Department, and I will ensure that she receives a full written answer, is that it would remain an offence under the Suicide Act 1961 to encourage suicide, including an assisted death under this Bill. To the extent that any overlapping offences remain, that is not an unusual approach to drafting in the criminal law. However, the effect of the clause is that it would remain an offence under the 1961 Act to encourage someone to commit suicide. Where a person’s “encouragement”—the hon. Member focused on that term—is such that it amounts to what the courts would understand to be pressure or coercion, that could be an offence under clause 26, which we will come to. As I said, it is not unusual to have a degree of overlap in criminal offences. Again, what someone is charged and prosecuted with falls to the prosecutor, depending on the specific circumstances of the case and what would be most appropriate in that scenario. I also want to address the scenario that the hon. Member for East Wiltshire posited, about whether a pharmacist who acted in a way that amounted to gross negligence manslaughter would benefit from immunity under clause 24(1) as amended. Again, with the important caveat that it will depend on the particular facts of the case, the offence of gross negligence manslaughter is committed where a death is the result of gross negligence in what would otherwise be a lawful act or omission on the part of the defendant, and where the defendant owes a duty of care to the victim—there are a number of actors within the Bill’s process who owe a duty of care to the person applying for assisted dying. Let us assume for a moment that, in the hon. Member’s scenario, we do have gross negligence manslaughter on the particular facts; in those circumstances, the Government are content that the pharmacist could not be properly said to be performing a function under the Bill, or in accordance with the Bill, so clause 24(1)—the carve-out from criminal liability—would not apply. I think that that covers most of the questions that were posited earlier.
19 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-seventh sitting) · Hansard source
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I intend to be brief. New clause 24 and amendments 514 to 516 create stand-alone criminal offences relating to the falsification or destruction of documentation where a person acts with the intention of facilitating the provision of assistance to another person to end their own life under the Bill. That reflects the policy intent of my hon. Friend the Member for Spen Valley that those who falsify documents with the specific intent of facilitating another to end their life should be subject to a higher maximum penalty than those offences in clause 27. Amendment 514 agreed to. Amendments made : 515, in clause 27, page 16, line 31, leave out from beginning to “an” and insert “A person who commits”. This amendment is consequential on amendment 514. Amendment 516, in clause 27, page 16, line 36, at end insert— “(6) Proceedings for an offence under this section may be instituted only by or with the consent of the Director of Public Prosecutions.”— (Kim Leadbeater.) This amendment provides that proceedings for an offence under this clause may be brought only by or with the consent of the Director of Public Prosecutions. Clause 27, as amended, ordered to stand part of the Bill. Clause 28 Prescribing, dispensing, transporting etc of approved substances
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, Mr Dowd. My remarks, as ever, will focus on the legal and practical impact of the amendments to assist Members in undertaking line-by-line scrutiny. In exercising our duties to ensure that legislation that is passed is legally robust and workable, the Government have worked closely with my hon. Friend the Member for Spen Valley to reflect her intent. Clause 24, as amended by amendments 504 and 505, will mean that individuals who assist a person to end their life in accordance with the terms of the Bill are not subject to criminal prosecution. Currently, it is a criminal offence under section 2 of the Suicide Act 1961 for a person to do an act that is “capable of encouraging or assisting the suicide or attempted suicide of another person” and intended “to encourage or assist suicide or an attempt at suicide.” That offence attracts a maximum penalty of 14 years’ imprisonment. Amendment 504 would amend clause 24(1) to ensure that a person is not guilty of an offence— [ Interruption. ]
19 Mar 2025 · Terminally Ill Adults (End of Life) Bill (Twenty-seventh sitting) · Hansard source
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I will address the point about injunctions, which we have touched on at a number of junctures in our debate. In terms of applying for an interim injunction in a civil case, a very well-established test is the American Cyanamid test, which all the lawyers in the room would have learned at law school. The first of those tests is, “Is there a serious issue to be tried?” Someone does not have to establish to the civil standard—

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