LONDON — It took months of careful convincing, tugging at heartstrings and
countering deeply held concerns — but Britain’s House of Commons has passed
legislation to legalize assisted dying.
After a highly charged and at-times toxic debate, MPs on Friday voted by 314
to 291 votes to back giving terminally ill adults in England and Wales with less
than six months left to live a route to medically ending their lives.
Further legislative skirmishes in the House of Lords are due before it becomes
law.
But if the does leap those final hurdles (and the expectation is that it will)
it won’t be because of the government. This potentially seismic change to the
nation’s social fabric was concocted and carried through by a backbench Labour
MP.
POLITICO has spoken to dozens of legislators and campaigners on both sides of
the debate to tell the in-depth story of how the Commons decided to overturn the
status quo.
‘MY PHONE STARTS GOING MAD’
Kim Leadbeater was more surprised than anyone when she came top of a private
members’ bill ballot last year, giving her a once-in-a-lifetime opportunity to
shepherd through a new law.
It was in a wood-paneled committee room in the recesses of Britain’s Parliament
that a white-gloved hand plucked ball number 238 out from a glass jar on the
morning of September 5.
The MP overseeing those formalities announced with all the pizazz of a seaside
bingo caller that it was Leadbeater who had topped the ballot. “Well done to
Kim, you are number one, and you will be — gosh — very busy indeed,” they said.
At that moment Leadbeater was getting changed in one of the estate’s bathrooms,
having returned to Westminster after playing tennis against political rivals.
“I took all my clothes off,” the Labour MP said with a laugh in an interview
with POLITICO earlier this month, “and my phone starts going mad. I thought, oh
my god, it’s a Thursday morning, what the heck is happening here?”
Such were the extremely low chances of being picked at all, Leadbeater hadn’t
realised it was the draw that day. But she was immediately inundated with
queries about what issue she would take on.
“I’ve got no idea what you’re talking about,” she told those at the end of her
phone. “So I put some clothes on and made my way back to the office and went
‘what just happened?’”
It was, as Leadbeater described it in the interview from her office overlooking
London’s River Thames, “the day my life changed forever … again.”
‘WE’RE HERE TO CHANGE THE LAW’
Leadbeater’s journey to being elected as MP for Batley and Spen (now renamed
Spen Valley) is uniquely tragic.
Her sister, Jo Cox, represented the community until a week before the Brexit
referendum in 2016 when she was shot and stabbed by a far-right extremist —
murdered as she went to meet voters at a routine surgery in her Yorkshire
constituency.
Leadbeater would go on to run a charity in her sister’s name, but when the seat
again became vacant in 2021, she was put forward for the acrimonious by-election
to follow. She won by just 323 votes, in a time when Labour was at a low ebb in
the national polls.
In the proceeding years, through Labour’s stint in the depths of oppositions
then its first months in government, Leadbeater’s identity, as she puts it, was
“very much around being Jo’s sister.” So she bided her time as the phones rang
across her offices in Westminster and back in her constituency — with various
lobbying groups trying to attach themselves to her golden ticket from the
private member’s ballot.
Leadbeater insists that No.10 Downing Street never got in touch to ask her to
take up the issue, but neither did they need to. The prime minister’s long-held
support for reform would be crucial in the government not crushing the bill.
It was 2015 and the last time the Commons considered changing the law on
assisted dying was when Starmer, the fledgling MP for Holborn and St Pancras,
made his first big intervention in the political arena.
Just months into the job, Starmer, the former chief prosecutor for England and
Wales-turned-MP, advocated — in detail — why the nation needed to break from the
status quo in which people who help someone end their life could be jailed for
up to 14 years.
In a speech described politely as “lawyerly,” he set out how he changed legal
guidance to make it less likely that people motivated by compassion would face
prosecution if they helped dying relatives end their lives abroad, a not
uncommon act for those who have sufficient resources.
That day MPs threw the legislation out comprehensively, with the pro-change camp
losing by 212 votes. But it stuck Starmer’s staunch support on record — and as
he came closer to seizing high office for the Labour Party it ensured he was
repeatedly asked about it.
It was after a conversation with Esther Rantzen, the veteran U.K. broadcaster
who has terminal cancer and has passionately advocated for assisted dying, that
Starmer in March last year promised to give MPs a free vote on a change in the
law if he won power.
It didn’t end up in his manifesto but upon taking office he made clear he would
allow sufficient parliamentary time to be devoted to a backbencher who proposed
changing the law.
Leadbeater didn’t have the personal connection to assisted dying that many
advocates would later spill out in powerful testimony. But she recalled a
conversation with a constituent with Huntington’s disease in the lead up to
2024’s general election.
“We’re here to change the law,” she thought. “We’ve got a responsibility. If we
look at a situation which is wrong, we’ve got a responsibility to do something
about that.”
As her colleagues lobbied her to take on the issue, Leadbeater consulted with
her parents. “Obviously their primary concern for me is my happiness, but also
my safety,” she told POLITICO. “And on a controversial issue like this, that is
something you’ve got to consider.”
Kit Malthouse, a senior Conservative MP who is a long advocate of assisted
dying, described Leadbeater winning the ballot as a moment “the planets
aligned.” Not only was Leadbeater popular, she had spent her time so far in the
Commons fostering cross-party alliances.
“It was the right dynamic in Parliament. The right person came first in the
ballot,” Malthouse said. “The only issue was to get Kim to say yes. To her
eternal credit she did.”
PASSIONS RUN HIGH
On October 3, Leadbeater announced it was assisted dying she’d go for. In the
following weeks, she set out her proposals for the change in law for England and
Wales, fit with a raft of safeguards. First among them was it would only apply
to adults with a terminal diagnosis of less than six months to live.
She pleaded for restraint and a calm debate on a subject that polling suggests
has the support of public opinion. A convergence of proposed changes across
Scotland and the crown dependencies of Jersey, Isle of Man and Guernsey
suggested too that this could be the moment for reform in England and Wales
too.
But within weeks the passions were running high. Political opponents were
mounting fierce attacks — and even then head of the Church of England Justin
Welby was calling it a “slippery slope” that would leave people feeling
compelled to end their lives.
Supportive MPs received a barrage of angry messages both on email and on social
media, called murderers by the more extreme opponents of the change, which
critics preferred to call “assisted suicide.” If the plan commanded broad
support generally, the opposition in some quarters was particularly intense.
It was particularly challenging to hear for an MP whose own sister had been
murdered on the job. “On this issue, which means so much to so many people, she
would have been the first one to say, just keep going,” Leadbeater said of Jo
Cox.
Starmer set aside typical collective responsibility for the Cabinet, which
usually dictates that ministers take the same position on policy. They would be
allowed to vote as they please, but were ordered to remain neutral on the
passage of the bill and on the issue.
In reality, they were anything but. Health Secretary Wes Streeting and Justice
Secretary Shabana Mahmood were the two cabinet ministers whose briefs would most
directly be impacted by the proposals — but they were also the two biggest
opponents.
Mahmood told the Times newspaper she would vote against it because of her
“unshakeable belief in the sanctity and the value of human life” as a Muslim.
Streeting, who voted for a change in the law in 2015, also let it be known he
would vote against the bill over concerns the state of palliative care in the
U.K. means patients cannot make an informed choice. Then Streeting suggested the
change could lead to cuts in other NHS services and ordered a formal review into
the cost of the proposals.
Leadbeater publicly said she was “disappointed” by Streeting’s intervention in
particular, as privately those around her admitted it presented the moment of
maximum jeopardy.
Others put it less discreetly. One prominent pro-assisted dying campaigner, who
like other parliamentarians in this piece were granted anonymity to speak
candidly, told POLITICO they were extremely “fucked off” with Streeting. Not
only is he an influential figure in the Labour Party, he is the health secretary
that would have to implement assisted dying.
Campaign groups launched lobbying operations and high-profile supporters and
critics were enlisted. Rantzen kept the pressure up, but disability rights
activists, including the actor Liz Carr and paralympic wheelchair racing
champion Tanni Grey-Thompson were prominent anti voices. Grey-Thompson, a member
of the House of Lords, warned of a “seismic shift” in the way the health care
system treats the most vulnerable people.
The state of end-of-life care became one major point of contention, so too did
the coercion of patients into ending their lives early. Every step of the way
Leadbeater was there on the airwaves and current affairs programs to try and
make the case and combat the concerns. “It has taken over her life,” one of her
supporters said.
But she was aided by a team of aides and MPs from across the political spectrum
to push through the change, with senior figures in each party launching informal
whipping operations to tally the supporters and help win over those weighing up
how to act.
‘THE WORST OF PARLIAMENTS’
MPs got their first formal say on November 29, debating the principles of the
legislation at what’s known as the bill’s second reading — and given a free vote
on what was considered a matter of conscience.
Those on both sides stood to tell harrowing personal stories as they made their
cases. The debate was genuine and the grandstanding was minimal. A
not-insignificant portion of MPs expressed their skepticism but said they’d vote
in favor this time to allow the debate before giving their final verdict at
third reading.
After MPs filed into the division lobbies in to register their votes late least
year it became clear the supporters had won. 330 MPs, including Keir Starmer,
voted for, 275 against — majority 55.
The Commons was silent as the votes were read out. Leadbeater told POLITICO “it
was a huge relief” but knew there was “still a huge amount of hard work ahead.”
The shenanigans to follow would only help sour the debate. “It went from the
best of parliaments to the worst of parliaments,” one wavering MP acknowledged
this week.
A committee of MPs was compiled by Leadbeater to scrutinise the proposals line
by line, coming up with key amendments to make it workable. It was finely
balanced to be representative of the debate and reflect the political make-up of
the house. But some opponents were still not happy, with one anti MP saying that
Danny Kruger, a Conservative on the Christian right, was a “useful bogeyman.”
The process saw a number of significant changes to the bill as neutral civil
servants helped with honing of the legislation. Leadbeater had previously
described the role of high court judges as being an important safeguard against
coercion, but she scrapped this in the face of Ministry of Justice pressure over
the extra strain cases would place on already stretched courts. Instead expert
panels formed of a senior legal figure, a psychiatrist and a social worker, will
scrutinise decisions.
A longer, four-year implementation period was introduced, health workers were
given an opt-out of participation and they agreed that the Welsh parliament
would get a say before its implementation there. Last year a symbolic vote in
favor of assisted dying was lost, raising questions about whether Wales’ Senedd
would back it in the future.
MPs in the anti-camp had long been divided in their opposition. Objections came
from disparate directions, including religious ones, fears about the provision
of palliative care, and concerns that society’s most vulnerable may be coerced
into dying.
“We have a unity of purpose, it’s about choice. But the opponents are against it
for various different reasons,” said Christine Jardine, a prominent Liberal
Democrat supporter.
But in the weeks leading up to the final vote, opponents did coalesce around a
more unified cause. They rallied against the “chaotic” process of the private
members’ bill and attacked what they saw as a distinct lack of scrutiny for such
a big changed. They were in turn accused of adding to the chaos themselves,
causing delays to subsequent votes by holding up the division lobbies.
Malthouse, the pro-assisted dying senior Conservative MP, said of his opponents:
“They clearly made a tactical decision after second reading. On the grounds of
principle they had lost. All they had to go on then was process.”
When the Commons came to vote on the amendments at report stage, the mood was
fractious. Leadbeater got her new clauses banning advertising assisted dying and
allowing doctors to opt-out — but an opponent’s amendment preventing doctors
discussing the process with under-18s was passed too.
Interventions from medics including the Royal College of Psychiatrists raising
concerns about the bill in its existing form were particularly potent. A trickle
of MPs said publicly they were switching to support — but this was outweighed by
those who announced they would vote against, including with interventions to
POLITICO.
After MPs stated their cases for and against in an impassioned chamber on Friday
afternoon, the result was clear.
Leadbeater’s legislation passed 314 to 291 votes — trimming the majority in
favor down from 55 at second reading to just 23 this time around, in a
reflection of the late-stage agonizing that had gone on among lawmakers over the
bill.
On the eve of the final debate, Leadbeater’s Labour colleague Vicky Foxcroft
resigned as a government whip in protest at unrelated proposals to reduce the
spiraling welfare bill by reducing the number of people in receipt of a
disability payment.
But Foxcroft stood up in the chamber Friday to say that although she backed
assisted dying in 2015 her time as a shadow minister for disabled people had
caused her to reconsider.
“They want us as parliamentarians to assist them to live, not to die,” she said
— passionately arguing she couldn’t back the legislation because the process
hadn’t sufficiently listened to the voices of the vulnerable.
WHAT’S NEXT?
Some opponents believe it’s still possible the unelected House of Lords, where
longtime supporter and former justice secretary Charlie Falconer is likely to
pick up the baton, will try to vote it down. Leadbeater said: “I would be
extremely upset if that were to happen, and I would be extremely disappointed
and surprised, actually, if that were to happen.”
The Lords have been supportive in the past and most just expect further honing
of the bill. Tanni Grey-Thompson said “I’m not sure we can stop it” but “our
role since I’ve been in the Lords has been more and more about fixing
legislation.”
Technical questions remain over whether there are sufficient Fridays within the
current parliamentary term for the private member’s bill to be debated further
if a back-and-forth with the Lords known as “ping pong” can be completed —
though supporters expect the government won’t let it founder.
The 2029 “backstop” for actually implementing the change happens to coincide
with the deadline to hold Britain’s next general election, but Leadbeater’s team
believe there’s little chance ministers would want the issue hanging over the
campaign.
The legislation is now largely out of her hands. But it could be years before it
actually allows the first person to medically end their suffering in their final
days — and perhaps decades before assisted dying is accepted as normal in the
U.K.
Leadbeater will forever be associated with the monumental change and supporters
will long celebrate her for it. But with that she can expect to be called upon
to assuage the very real concerns that will persist.
Esther Webber and Noah Keate contributed to this report.
Tag - Assisted suicide
The United Kingdom’s recent vote to move toward the legalization of assisted
dying represented a historic moment for the country — but it also mirrors a
wider trend in Europe.
Countries are on a path to liberalize their laws to expand end-of-life options
to include euthanasia and assisted suicide.
To some experts, the latest position in the U.K. reflects what is a growing and
inevitable trend among Western European countries. Various forms of assisted
dying are already legal in Austria, Belgium, Luxembourg, the Netherlands, Spain
and Switzerland.
“It will not happen in all countries at once, but especially in Western Europe
and Northern Europe, if there are no laws available yet, there will be an urge
to have such laws,” said Martin Buijsen, professor of health law at the Erasmus
University Rotterdam. “I think that’s inevitable.”
But to others, there are concerns that existing laws are already being pushed
beyond their intended purpose, and fears that this slow trudge toward assisted
dying being the norm could lead to harm — especially to vulnerable people.
In Switzerland, for example, the recent use of a suicide pod stirred controversy
and led to several arrests, while in the Netherlands, young people with mental
health conditions are also legally taking their own lives with help from the
state.
“I have seen no jurisdiction in which the practice has not expanded, not one
single jurisdiction,” said Theo Boer, professor of health care ethics at
Protestant Theological University. “By imposing really strict criteria we can
slow down the expansion … but they will not prevent the expansion.”
For the U.K. this was the country’s second attempt to pursue such a law. This
time it heeded lessons from its first failed attempt (making the conditions more
restrictive) — and perhaps from stories from across the Channel.
LEARNING THE LESSONS
Assisted dying can refer to both euthanasia and assisted suicide. In euthanasia,
a physician or provider administers a patient a fatal drug to deliberately end
their life; while for assisted suicide the patient is legally prescribed lethal
drugs they must take themselves to end their own life.
In several of the countries that have legalized assisted dying, the number of
people using it to end their lives is increasing. In 2023, 9,068 people died
from assisted dying in the Netherlands — 5.4 percent of deaths that year. This
is up 4 percent compared with 2022 and up 87 percent from 2013.
Similarly, in Belgium there were 3,423 cases of euthanasia in 2023, up 15
percent compared with the previous year and comprising 3.1 percent of total
deaths in the country.
The Netherlands and Belgium were the first European countries to legalize
euthanasia in 2002.
Some have raised the alarm at the increasing number of people choosing to end
their lives, warning governments debating similar laws to be aware of this
phenomenon.
“What I saw was not only the increase in the numbers — which for me was a sign
that it was no longer the last exception, the last resort — but it became more
and more a default way to die,” said Boer. “In addition to the numbers, we saw
an expansion of the pathologies underlying euthanasia requests.”
Boer had initially supported the Dutch euthanasia law and was a member of the
Dutch euthanasia review committee. But he has since become an outspoken critic
of this law and has warned other governments debating similar bills of the
possible “side effects.”
The rising number of patients — especially young people — with mental health
disorders dying by euthanasia has also spurred fierce debate in the Netherlands,
Buijsen said. The number of euthanasias for patients with psychiatric disorders
doubled over the last five years, from 68 to 138. Similar debates arise around
cases of minors and patients with dementia, he said.
But it’s not a one-size-fit-all. According to researchers at the University of
Bologna, the proportion of euthanasia and assisted suicide on overall deaths
“continues to vary widely” in countries where the practice has been legalized
for years, “mainly due to the circumstances under which [they] were adopted into
law and the different practices approved.”
Switzerland, for example, is one of the most popular destinations for foreigners
looking to access assisted dying, and has been offering legal assisted suicide
since 1942.
POLITICAL AND SOCIAL BARRIERS
It has taken some countries several years to push their assisted dying laws over
the finish line, amid opposition from conservative parties, religious
institutions and highly emotive debates.
The Portuguese parliament approved an euthanasia bill four times over three
years, but conservative President Marcelo Rebelo de Sousa vetoed all drafts.
Eventually, the parliament overturned his veto in 2023 and forced him to sign
the bill. But even today, the legislation has not been published in the
country’s official journal, meaning it’s not in effect.
While in countries such as Italy and Ireland, the powerful presence of the
Catholic Church has historically steered the conversation away from legalization
for years. It’s only recently, however, that things are changing.
In Italy, the country’s Constitutional Court ruled in 2019 that assisted suicide
was permissible when patients are able to make decisions and are in overwhelming
pain. This led to Italy’s first case of assisted suicide in 2022 — despite there
being no law to allow it.
While in Ireland, progress on the debate shows the Church’s influence on policy
may be weakening. Irish MPs earlier this year endorsed a parliamentary report
calling for assisted dying and presented a “Voluntary Assisted Dying Bill 2024”
to the lower house in June.
But Ireland is also among a group of countries impacted by political upheaval.
The Irish bill lapsed with a snap election and the dissolution of the Dáil.
Similarly, France was debating an assisted dying bill earlier this year, but the
process was interrupted by the dissolution of the government and subsequent snap
election.
And in Iceland, MPs presented a bill on euthanasia in March 2024, but the
government fell in October, leading to a parliamentary election in November.
TIMING IS EVERYTHING
Timing and a country’s political landscape play a crucial role in determining
the success of such proposals. And while the issue does not fall neatly along
party lines — some Labour MPs in the U.K. were very vocal in criticizing the
change of law — a left-leaning government or parliament are much more likely to
pass similar bills.
At the same time, conservative figures such as Boris Johnson and Marine Le Pen
have spoken against euthanasia. In Spain, far-right party Vox challenged the
country’s euthanasia law in 2023, but failed. Spain passed its law to legalize
assisted dying in 2021.
“If the [U.K.] vote had been taken before general elections, the outcome might
have been somewhat different,” said Buijsen. “You will need, in some way, a kind
of a progressive majority in parliament in order to have these laws passed.”
The requirements of accessing assisted dying also vary greatly. While some
countries, like the British bill, require the patient to have a terminal
illness, others such as Belgium and the Netherlands only require that the
patient is experiencing constant and unbearable suffering with no cure or
prospect of improvement, including psychological suffering.
Other Western European countries to have approved assisted dying include
Luxembourg in 2009 and Austria from 2022. Countries including
Scotland, Jersey and the Isle of Man have started the debate and made attempts
to introduce legislation in recent years.
In Germany, assisted dying falls into a gray area. The practice is illegal but
the Federal Constitutional Court decriminalized it in 2020.
A GEOGRAPHICAL DIVIDE
While Western European countries are increasingly entertaining the assisted
dying debate, Eastern and Central Europe are moving at a much slower pace. No
countries in Eastern Europe have legalized assisted dying or are currently
entertaining legislative proposals.
But that doesn’t mean the topic is not entering public discussions.
Veljko M. Turanjanin, law professor at the University of Kragujevac, in Serbia,
said the country has seen several discussions to legalize euthanasia, as the
public opinion and many medical professionals seem to be in favor. But the
strong influence of the Orthodox Church has slowed progress, he said.
“I think in the state where the government and the Church are linked close, it
will not be an easy task for the government to pass such kind of legislations,”
Turanjanin said.
But when countries in the region do eventually move toward legalization,
surrounding countries are likely to follow suit, he said.
“I think when [Serbia and Croatia] legalize euthanasia or assisted suicide, the
other countries will do the same.”