As Parliament prepares to vote on the controversial assisted dying bill, a former top judge is sounding the alarm about the legislation’s potential impact on the court system. Lord Thomas of Cwmgiedd, who served as Lord Chief Justice from 2013 to 2017, warns that the bill leaves critical questions unanswered about how judges will handle assisted dying requests.
Judicial Process “Needs to Be Grappled With Now”
Speaking on BBC Radio 4’s Today programme, Lord Thomas emphasized that the judicial process for reviewing assisted dying cases cannot be a mere “rubber stamping exercise.” He argued that the bill, as currently written, fails to provide clear guidance on how judges should proceed.
It seems to me that the one really difficult question that hasn’t been addressed in this is how is the judge to proceed, as it cannot possibly be a rubber stamping exercise.
Lord Thomas of Cwmgiedd, former Lord Chief Justice
Lord Thomas stressed that the judicial process is an “integral part” of the assisted dying bill and that the details of how it will work in practice need to be “worked out precisely.” He cautioned that no one has yet “grappled with the detail” of how these cases will be handled by the courts.
Concerns Over Court System Impact
The former Lord Chief Justice also raised concerns about the potential strain that assisted dying cases could place on an already overburdened court system, particularly family courts. He noted that it is not currently possible to assess the full impact the bill would have based on its current wording.
Proponents of the bill, including Lord Charlie Falconer, have argued that assisted dying cases would not significantly delay other court proceedings. Lord Falconer, a former Lord Chancellor, has suggested that these cases would take precedence but would be resolved quickly, without causing major disruptions.
Safeguards and Judicial Oversight
The assisted dying bill, introduced by Labour MP Kim Leadbeater, includes safeguards that require approval from a High Court judge before a patient can proceed with ending their life. Supporters argue that this judicial oversight is crucial to ensuring the system is not abused and that vulnerable individuals are protected.
However, critics like Lord Thomas contend that the bill does not provide sufficient detail on how judges will review these cases and what evidence they will consider. He emphasized that there must be a clear process for presenting evidence to the judge and that the judge will need assistance from experts to make informed decisions.
The Road Ahead
As the assisted dying bill heads to a vote in Parliament, the debate over its legal and practical implications is intensifying. While supporters believe the legislation includes necessary safeguards, detractors argue that it leaves too many critical questions unanswered.
If the bill passes its second reading, it will still face numerous hurdles before potentially becoming law. The government has indicated that it will not adopt the legislation as its own even if it clears this initial vote. However, work would begin on assessing the consequences of its implementation, including its impact on the court system.
As the UK grapples with this emotionally charged and complex issue, the concerns raised by Lord Thomas and others underscore the need for careful consideration and robust debate. The outcome of Friday’s vote will mark a significant milestone in the ongoing battle over assisted dying, but it is clear that the legal and ethical questions surrounding this issue are far from settled.
