
RLC member Professor Laura Hoyano (University of Oxford Law Faculty) was invited by the Houses of Common’s Legislation Committee to scrutinise the Terminally Ill Adults (End-Of-Life) Bill and provide expert evidence on assisted dying.
Professor Hoyano has been actively collaborating with MPs, providing background briefing papers and drafting amendments. Drawing on her expertise in medical law, ethics, and human rights law—both in the UK and internationally—she addressed a broad range of questions from MPs.
During her appearance Laura:
-explained the concept of patient autonomy and self-determination underpinning both the common law and human rights instruments which are respected by the courts and medical staff, eg, in the withdrawal of life-sustaining treatment with death being the expected result
-provided information on how the Mental Capacity Act 2005 and the Court of Protection currently work, what amendments might be required, and problems relating to the jurisdiction of the Court of Appeal as drafted in the Bill.
-explained the need for granular reporting and analysis of the functioning of the contemplated regime on an annual basis.
-described the accredited training for professionals involved in assisted dying in Canada, and other aids available to them in their assisted dying practice, which focus on mental competence, and detecting coercion or inappropriate pressure.
-critiqued the Bill for requiring that the patient self-administer the substance, noting that many, including previous litigants in the English courts would be excluded by the consequences of their medical condition, from being physically able to do this.
Her oral evidence can be viewed from 19:29: [YouTube]
Former Head of Red Lion Chambers, Sir Max Hill KC, also provided evidence on his experience as the former Director of Public Prosecutions, where he had to make decisions on whether to prosecute family members under the Suicide Act 1961 for assisting or encouraging suicide. Additionally, he has been aiding the Committee in drafting the Bill. Watch from 01:17:01 [YouTube]