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Assisted dying bill ‘stronger’ after MPs scrap High Court judge sign-off, claims Kim Leadbeater
15 May 2025, 10:31 | Updated: 16 May 2025, 08:28
The MP behind an assisted dying bill for England and Wales has told LBC she believes its stronger after removing the role of a High Court judge.
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Speaking on LBC's Nick Ferrari at Breakfast, MP Kim Leadbeater says the legislation in its current form takes a more holistic approach - but there will still be legal expertise involved.
The Royal College of Psychiatrists (RCP) say they have found several issues with assisted dying bill including possibilities that a ‘terminally ill patient’ could have a ‘treatable mental condition’.
Ms Leadbeater said anyone with a mental health condition will be excluded: “We're talking about people with a six-month terminal diagnosis only.”
She clarified that people with anorexia won’t be able to use the assisted dying option either, adding that she previously worked alongside individuals experiencing eating disorders.
“I’m confident that people with anorexia will be excluded from the bill”.
Discussing the High Court judge being removed from the sign-off process, Ms Leadbeater said this makes the approach “stronger” and more “patient-centred”.
Speaking about the need for a "multi-disciplinary approach", Ms Leadbeater explained there will still be legal expertise and oversight provided through the Voluntary Assisted Dying Commissioner - who will be either a judge or retired judge - alongside a psychiatrist and social worker.
She said this shows a much more "holistic approach" to address the patient having "capacity" to make the decision and "coercion" and "pressure" that patients may feel.
This will be the "third layer of scrutiny and safeguarding" as there will be two doctors who provide the medical expertise.
"By adding the psychiatrist and the social worker, [while] keeping the legal oversight, that is a much more robust approach".
Read more: Kim Leadbeater lauds MSPs’ assisted dying vote amid warning Bill is ‘inadequate’
Sarah Wootton, Chief Executive of Dignity in Dying, told LBC News' David Harper: "They're making history tomorrow in the Commons because for the first time they're debating and scrutinising an assisted dying bill at report stage.
"So just by having that debate, that is really, really important and an indication of how far this debate has come."
Ms Wootton recognised the demand from the public for the legislation. She said: "I think public opinion has stayed pretty strong and much stronger than in Parliament. But clearly parliamentary opinion has moved considerably."
She added: "I think that there is huge demand now for law change from the British public. And you just needed to look at the last British Social Attitude Survey which showed three quarter support.
"Every single constituency, England and Wales, does have a majority of public support who would like law reform to give them the choice at the end of life."
'Serious concerns'
Yesterday, the RCP withdrew its support for assisted dying bill ahead of the bill returning to Commons.
The RCP highlighted "serious concerns" about the safeguarding of people with mental illness.
This is a major blow to those in favour of assisted dying, especially as the Bill will be returning to the Commons on Friday.
The college said it has "unanswered questions" and warned of a shortage of consultant psychiatrists to meet the demands of the Bill.
Dr Lade Smith, president of the RCP, said: "After extensive engagement with our members, and with the expertise of our assisted dying/assisted suicide working group, the RCPsych has reached the conclusion that we are not confident in the Terminally Ill Adults Bill in its current form, and we therefore cannot support the Bill as it stands.
"It's integral to a psychiatrist's role to consider how people's unmet needs affect their desire to live. The Bill, as proposed, does not honour this role, or require other clinicians involved in the process to consider whether someone's decision to die might change with better support.
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Watch Again: Nick Ferrari is joined by Kim Leadbeater to take your calls | 15/05/25
"We are urging MPs to look again at our concerns for this once-in-a-generation Bill and prevent inadequate assisted dying/assisted suicide proposals from becoming law."
The college also said the physical effects of a mental disorder, such as anorexia or dementia, should not make a person eligible for assisted dying.
Dr Annabel Price, lead for Ms Leadbeater's Bill at the RCP, said: "The college has spent decades focused on preventing people from dying by suicide.
"A significant part of our engagement on this Bill to date has been to point out that people with terminal physical illnesses are more likely to have depression.
"Terminal illness is a risk factor for suicide, and unmet needs can make a person's life feel unbearable. But we know that if a person's situation is improved or their symptoms treated, then their wish to end their life sooner often changes.
"The Bill does not specify whether assisted dying/assisted suicide is a treatment option - an ambiguity that has major implications in law.
"It is our view that these proposals should not be considered a treatment as assisted dying/assisted suicide does not aim to improve a person's health. Furthermore, the Mental Capacity Act in England and Wales offers no framework for assessing such a decision.
"This Bill proposes that psychiatrists be involved through assessments of mental capacity as part of routine psychiatric practice and in a safeguarding role on a panel. But mental health services do not currently have the resource required to meet a new range of demands.
"If this Bill proceeds, any role a psychiatrist plays in an assisted dying/assisted suicide process should be consistent with the core duties of the profession, including determining whether someone's wish to die can be remedied or treated."
Meanwhile, the bill passed the first stage in Scotland, as the Scottish parliament voted in favour of the broad principles of assisted dying ahead of suggested changes.
Kim Leadbeater said she is "pleased" that the Scottish Parliament has backed the general principles for assisted dying in a vote.
Ms Leadbeater, the MP behind the Terminally Ill Adults (End of Life) Bill, said there are injustices in the current ban on assisted dying, adding that MSPs had "listened to the voices of those with personal experience of those injustices".
Holyrood voted by 70 votes to 56 in favour of the Assisted Dying for Terminally Ill Adults (Scotland) Bill on Tuesday.
Ms Leadbeater said: "I'm pleased that after a lengthy, constructive and compassionate debate, the Scottish Parliament has voted in principle in favour of changing the law to address the injustices in the current ban on assisted dying.
"MSPs listened to the voices of those with personal experience of those injustices and concluded that the status quo cannot be defended any longer."
