The assisted dying bill: A conversation with its sponsor, Lord Falconer of Thoroton

In this episode, we are joined by Lord Falconer, the Labour Peer steering the Terminally Ill Adults (End of Life) Bill through the House of Lords. Although he has attempted to legislate for assisted dying several times before, this is the first occasion he is working with a bill that has already cleared the House of Commons. In a wide-ranging conversation, he explains why this issue has driven him for more than a decade and assesses the Bill’s prospects of becoming law.

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Lord Falconer sets out why he believes the current legal framework for assisted dying is “unfit for purpose” and argues that while the Lords should scrutinise the Bill thoroughly, it should not overturn a measure endorsed by elected MPs. He warns against attempts to filibuster the legislation and against adding so many safeguards that the system becomes impossible for terminally ill people to use.

The discussion tackles several of the Bill’s most contested provisions: the role of Coroners and Medical Examiners in reviewing assisted deaths; how mental capacity should be assessed; who should approve the drugs used in assisted dying; and whether an appeal process is needed for applicants who are refused. We also explore the number of delegated powers in the Bill, how an assisted dying service might operate in practice, and how it would be funded.

Lord Falconer also reflects on the parliamentary timetable. He is confident there is enough time for the Lords to complete their scrutiny and for legislative “ping-pong” between the Commons and the Lords to reconcile any changes to the text – and he predicts that most Peers will resist any attempt to stop the Bill through deliberate time-wasting.

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