The MP who proposed the assisted dying bill has defended wanting to remove the need for a High Court judge to sign off cases.
Labour MP Kim Leadbeater is set to bring forward amendments to the Terminally Ill Adults (End of Life) Bill, backed by MPs in November, so a multidisciplinary panel of experts will examine cases and have the power to grant permission for assisted death.
She told Sky News a three-member panel chaired by “a senior legal expert, either a retired judge or a KC” along with a psychiatrist and a social worker would give the final sign-off as they could collectively assess for mental capacity and coercion.
Ms Leadbeater admitted she thought having a High Court judge give final approval “would work” – as proposed in her original bill.
However, she added: “Following the evidence that we received during the bill committee, all evidence sessions, there were other experts who said, actually, we could add something to this.
“So, we would have an assisted dying commission, which would be headed by a High Court judge or a retired High Court judge. So you’ve got the judicial oversight, but you would have these expert panels who would make the decisions.”
The MP said she always wanted a “third layer of scrutiny” in the process, which “doesn’t happen in other jurisdictions, it’s quite unusual”.
Please use Chrome browser for a more accessible video player
Opinions remain divided after assisted dying vote
Her amendment is expected to be put forward this week as a team of MPs, both for and against assisted dying, started scrutinising the bill line by line.
More than 60 MPs said in the bill’s second reading they voted for it because of the High Court judge aspect, while another 20 referred to the judicial safeguards.
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”.
Conservative shadow crime minister Matt Vickers told Sky News “huge concerns” about safeguarding is the reason assisted dying is not currently legal, but said those who brought forward the bill “said all those safeguards were in place”.
He added: “This is one of the things on which this idea was sold, on which it was taken forward and put through the House of Commons.
“And now we see that there’s wriggling on it, that they’re changing some of those safeguards and checks that were meant to be put in place. This was meant to be foolproof. It needs to be foolproof because it needs to protect vulnerable elderly people.”
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”.
The proposal will be voted on by a committee of MPs who will begin going through the bill line by line on Tuesday, however, the new amendment on High Court judges is not expected on the first day.
The committee, selected by Ms Leadbeater, has a 14-9 majority in favour of assisted dying based on November’s vote.
Please use Chrome browser for a more accessible video player
How did MPs vote on assisted dying?
‘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.
“I think the legal oversight is really important, but I think that multidisciplinary approach could actually enhance the bill even further,” she added.
Read more from Sky News:
Parliamentary bar re-opens after spiking claim
Farage claims Labour MPs will be ‘getting scared’
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”.