A retired High Court judge has warned that the UK’s proposed assisted dying legislation would overwhelm the judicial system, calling for alternative safeguards.
Nicholas Mostyn told MPs that requiring a High Court judge to rule on every case would be “impossible” due to a lack of capacity. He suggested looking to Spain’s model, which involves a panel review instead.
The bill, currently under scrutiny in Parliament, would allow terminally ill adults in England and Wales with fewer than six months to live to end their lives with approval from two independent doctors and a High Court judge. MPs voted in favour of the bill in November, and it is now undergoing months of scrutiny and further votes.
England’s chief medical officer, Prof Sir Chris Whitty, urged MPs to avoid creating a “bureaucratic thicket” that could make assisted dying difficult for patients to navigate. While remaining neutral on the bill itself, he emphasised that “the best safeguards are the simple ones.”
Concerns have been raised about the adequacy of protections for vulnerable patients. Palliative care doctor Rachel Clarke warned that most doctors are not trained to detect coercion in patients and may even struggle to discuss end-of-life options. Dr Sarah Cox, president of the Association of Palliative Medicine, which opposes the legislation, highlighted the difficulty of accurately predicting life expectancy and identifying subtle coercion.
Funding issues were also flagged, with Dr Cox warning that assisted dying services could compete for “limited resources” with palliative care, potentially reducing support for those who choose to continue treatment.
Meanwhile, The Telegraph has revealed that groups representing the elderly and disabled have been blocked from giving evidence to the committee examining the bill. The UK Deaf and Disabled Coalition, the British Geriatrics Society, Hourglass (a charity supporting older abuse victims), and Standing Together Against Domestic Abuse were all denied the opportunity to present their views.
Labour MP Naz Shah, who proposed adding these groups to the witness list, saw her amendments rejected by the committee without explanation. Critics argue the committee is rushing the process to avoid hearing evidence that could challenge the safety of legalising assisted dying.
Despite these concerns, evidence from assisted dying models in the United States was presented, with one doctor stating they had “never seen a case” of suspected coercion.
The committee has two more evidence sessions scheduled before amendments to the bill are considered. Further scrutiny will continue, with the next parliamentary vote not expected until April at the earliest.
