Update: House of Lords publishes report on Assisted Dying Bill

Article09.01.20265 mins read

Key takeaways

Assisted Dying Bill faces intense scrutiny

Lords’ report highlights complex ethical and legal issues.

Safeguards and oversight under the spotlight

Concerns raised on coercion, capacity, and accountability.

Implementation challenges could delay progress

Prognosis accuracy, care gaps, and regulation need clarity.

On 11 November 2025, the House of Lords published the Report of the Terminally Ill Adults (End of Life) Bill Committee. The Committee was tasked with reviewing the safeguards and procedures in this Private Member’s Bill, which seeks to legalise assisted dying in England and Wales. 

Background 

The Bill’s Second Reading concluded on 19 September 2025. The House determined that detailed scrutiny would not begin until a Select Committee reported on key aspects. 

The Committee held eight public hearings, taking evidence from 14 panels, including medical bodies, coronial experts, legal professionals, government ministers, and international specialists. 

The purpose of the report was not to make specific recommendations; instead, the Committee’s role was to gather and present evidence to the House to inform detailed clause-by-clause scrutiny of the Bill.

Key themes from the report 

Safeguards and coercion - Clause 34 of the Terminally Ill Adults (End of Life) Bill introduces a strict liability offence for inducing declarations through “dishonesty, coercion or pressure,” carrying penalties of up to life imprisonment. However, the report highlights concerns about the absence of a clear definition for “pressure” and whether the proposed safeguarding measures are robust enough to protect vulnerable individuals. 

Mental capacity and mental health - The Bill’s reliance on the Mental Capacity Act 2005 for irreversible decisions was widely questioned. Evidence highlighted the need for tailored capacity assessments and mandatory psychiatric involvement to ensure decisions are informed and voluntary. 

Oversight and accountability - Experts strongly supported retaining coronial involvement in the process to guarantee judicial scrutiny and compliance with Article 2 of the European Convention on Human Rights, rather than replacing this oversight with medical examiners. 

Palliative care integration - Significant gaps in palliative care provision were identified, with one in four patients lacking access to specialist support. Recommendations included universal access to palliative care and separate funding streams to prevent resource diversion. 

Equality and vulnerable groups - Concerns were raised about systemic bias and the risks faced by disabled and economically disadvantaged individuals. Suggested measures included independent advocacy and cultural competence training for professionals involved in the process. 

Operational and clinical challenges - Questions were raised about the accuracy of six-month life expectancy prognoses, which underpin eligibility under the Bill. Workforce training and resource implications were also flagged as major challenges to implementation. 

Drug protocols and regulatory issues - The report highlights the lack of clarity on which substances will be approved for assisted dying and how complications will be managed. Calls were made for robust regulatory frameworks and transparent reporting to ensure safety and accountability. 

What’s next for the Assisted Dying Bill? 

The Terminally Ill Adults (End of Life) Bill remains at Committee Stage in the House of Lords. The Select Committee’s report provides the evidential foundation for ongoing debates but does not make recommendations. The next phase will determine how safeguards, oversight mechanisms, and operational frameworks are incorporated into the legislation. 

Peers have called for additional time to ensure thorough scrutiny. The Bill must complete all stages in both Houses before the current parliamentary session ends in spring 2026, or it will fall. If passed, the government will have up to four years to implement an assisted dying framework, meaning the first assisted deaths could occur by 2030. 

This article was authored by Becky Taylor, Paralegal at Hill Dickinson.

 

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