Thursday, 1 January 2026

Safeguard This

Dame Sarah Mullally continues to protest that the Terminally Ill Adults (End of Life) Bill merely has “insufficient safeguards”. She might have chosen her words more carefully. Sauce for the gander is always delicious, and within these Twelve Days it is also very much in season.

While the maintenance of liberal hegemony by the Boomer gynocracy always requires the destruction of those intergenerational networks of male friendship which are fundamental to dissent from it, the replacement of the far from blameless Justin Welby with Dame Sarah may turn out to be one of the last such coups, and in any case it has had nothing on the felling of such giants as Bernie Sanders, Jeremy Corbyn and Alex Salmond, as well as the exiling of George Galloway, and the repeated attempts to bring down Nigel Farage and Donald Trump.

Like countless others, I myself have been collateral damage in a small such coup. But each and every member of the Board of the Catholic Safeguarding Standards Agency, each and every member of the Hexham and Newcastle Diocesan Safeguarding Committee, and each and every member of the Hexham and Newcastle Diocesan Safeguarding Team, now recognises that I am factually and morally innocent of any and all criminal charges that have ever been brought against me. Each and every Member of Parliament for the area covered by Durham County Council always has, as has each and every member of Durham County Council, each and every member of Lanchester Parish Council, and each and every bishop, priest and deacon of the Diocese of Hexham and Newcastle. The plates have shifted.

Still, further to the decriminalisation of abortion up to birth, Lord Falconer has given the House of Lords the logically inescapable assurance that “pregnancy should not be a bar” to assisted suicide. Dame Sarah had already said that she might table an amendment to deny Third Reading to the Assisted Suicide Bill, and might force a vote on that. She ought now to do so. All of the Lords Spiritual should then take that opportunity to defeat this Bill. Or why are they there? And why should the rest of us maintain any formal relations with the Church of England as such? The world has changed. Happy New Year.

To Control The Parameters

Dan Hitchens writes:

Tell me if this sounds like scaremongering. According to one Westminster insider, if the assisted-suicide bill passes, people might receive lethal drugs simply because their care costs are too expensive. The same source argues that feeling like a burden could be seen as a ‘legitimate’ reason for an assisted death. Others are even blunter: one peer believes someone might be assisted to die because of their difficult circumstances – ‘for example, because you are poor’. Or because you don’t want to get – to put it crudely – ‘worse and worse and more disabled’.

Who is issuing these melodramatic warnings? The first two remarks come from the Commons sponsor of the Terminally Ill Adults (End of Life) Bill, Kim Leadbeater. The other two are from its Lords sponsor, Lord Falconer. It’s nice, in a way, to have some honesty about what this era-defining legislation would mean if it is approved by the House of Lords. To begin with, the reform was sold as a precisely targeted option for a tiny number of people beyond the help of palliative care: one MP predicted it would apply to ‘40 patients a year’. Now, anyone can see that it is a societal sea change, and the bill’s proponents scarcely try to deny its more unsettling implications. Every time they speak, the assisted-suicide campaign loses a little more of its shine.

And it has been a very shiny campaign, endlessly polished up by a small industry of lobbyists and PR people, and handled ever so gently (with a couple of distinguished exceptions) by a broadcast media that have struggled to grasp the – not especially complicated – issues. But you can’t get away with that forever.

In parliament, Leadbeater and Falconer have repeatedly struggled to defend their position, often descending into incoherence – as when Leadbeater argued that doctors should be able to raise assisted suicide with children, as this ‘creates safeguards’. At other moments, they have relied on outright fabrication, misrepresenting the nature of assisted suicide where it has been legalised. At the same time, a long list of organisations has denounced the bill as amateurish and dangerous. It’s bad law, say Liberty and the specialist Lords committees on legislation. It relies on decision-making mechanisms that are not in line with ‘good clinical or professional practice’, says the Royal College of Physicians. The bill’s indifference to the causes of suffering borders on ‘therapeutic nihilism’, says the Royal College of Psychiatrists.

The nightmare scenarios come easily to mind. Given the astronomical cost of care, can I justify draining my family’s savings when the speedy alternative is there for the asking? Even leaving money out of it, the feeling of being a burden is ubiquitous among those ill enough to qualify for an assisted death. By establishing a National Suicide Service, the legislation drags into its scope all kinds of people whose lives are already at risk. Homicide experts warn that the bill could be ‘the worst thing, potentially, we have ever done to domestic-abuse victims’. Eating-disorder charities say the bill puts their clients at ‘grave risk’. The bill is ‘very dangerous’, says the government’s adviser on suicide prevention.

Yes, under the bill, you need a six-month prognosis, but half of these are incorrect, and a fifth of people who receive one are still around three years later. You need to have ‘mental capacity’, but this is an extremely low threshold – a severely depressed person might pass a capacity test with flying colours – and Britain’s biggest mental-health charity, MIND, says it’s ‘really clear the safeguards… are not adequate’.

If the bill becomes law, then, we should imagine, not a few telegenic campaigners being given – to take Esther Rantzen’s example – ‘the chance to die in my favourite place, my New Forest cottage’, but a significant proportion of the most vulnerable people in the country being funnelled towards… well, towards what exactly? The scheme has been kept deliberately vague, but it looks set to involve all the clumsiness of the big state and all the ruthlessness of the private sector. The NHS, whose founding principles would literally be redefined to include assisted suicide, will provide the service, perhaps in the ‘hallways, offices and cupboards’ where one in five A&E patients is now treated.

At the same time, it seems likely to be a contract offered to the least squeamish health provider out there, at a profit margin ‘impossible’ to predict, according to care minister Stephen Kinnock. Whoever gets the contract, it seems unlikely that they will have a financial incentive to ensure every safeguard is followed to the letter. The experience of other jurisdictions is that the monitoring is desultory, the supposedly rigid requirements are ignored or abolished, and after a while dubious deaths are greeted with a shrug. One New Zealand doctor, after recounting some disturbing cases from her country, told me: ‘These are not surprises to all of us who campaigned against it. There’s no surprises in any of these consequences.’

Or as Sir John Chilcot observed in his inquiry into the Iraq disaster: ‘We do not agree that hindsight is required.’ As with Iraq, blindingly obvious risks are being downplayed because the man at the top has decided the end goal. ‘Keir wanted it to happen’, one aide explained to The Guardian last year. ‘It’s as simple as that.’

It also appears, thanks to a sensational recent leak, that Starmer wanted to pretend otherwise. A 2023 strategy document recommended a private members’ bill – the most slapdash means of lawmaking – as a way of providing ‘political cover’ for the Labour Party, while allowing the government to ‘control the parameters of legislation carefully through working with advocacy groups and government civil servants to draft the legislation’.

Starmer has thus avoided accepting responsibility, as has everybody else. MPs voted the bill through on the promise the Lords would fix it. Now pro-assisted-suicide Lords are trying to intimidate their colleagues into waving the bill through, since it passed the Commons, after all.

At least Tony Blair put himself front and centre and accepted the buck stopped with him for the Iraq decision. It would be fitting, for our own age of institutional failure, if the biggest political blunder of a generation was forced through without anyone admitting they were responsible, and if it came into effect only after its originator has retired from politics into a second career of international NGOs and corporate boards.

Trapped In An Unjust System

The Independent editorialises:

The Independent has long campaigned for justice for the prisoners who are still serving the indefinite sentences that were abolished 14 years ago. Imprisonment for public protection (IPP) sentences were scrapped because they were an affront to the basic principles of justice – and yet those offenders serving them at the time continued to do so.

There are still 2,400 of them, given no release date, imprisoned until they can satisfy the Parole Board that it is safe to release them, and faced with a return to prison if they break the often stringent conditions imposed on them.

Governments of both parties have refused demands by prisoners’ families, retired judges including John Thomas, the former lord chief justice of England, and The Independent for IPP prisoners to be resentenced and treated in the same way as other offenders.

Their situation is bad enough, and the toll on their mental health is severe, but, for the 233 of them transferred to hospital for mental health treatment, a further injustice awaits. In a twist resembling Joseph Heller’s Catch-22, as soon as they get better they are returned to prison, where they continue to serve their indefinite sentence – the very condition that contributed to their mental health crisis in the first place.

We understand that this is not a cheerful note on which to usher in the new year, but we hope that readers, including ministers, will read our reporting of some of the cases in which offenders are trapped by this modern-day catch-22.

Thomas White, for example, now aged 42, was handed an IPP sentence for stealing a mobile phone. After 13 years, during which time he set fire to himself and smashed his face on the floor, he was transferred to hospital. He has told his sister “it’s all a lie” after learning that he will be returned to prison – without a release date – as soon as his mental health stabilises.

The Independent appreciates that the Parole Board has to err on the side of caution when considering applications for release. It does not want to be blamed for crimes committed by former IPP prisoners, many of them psychologically damaged, especially when the original intention of the legislation was to provide additional protection for the public from particularly dangerous criminals. However, more IPP sentences were imposed than was expected, and they were often handed down for relatively minor offences. Some of the worst cases are of people who have now been imprisoned for 20 years for the original offence of stealing a phone or a laptop.

It is not up to the Parole Board to change the system. That is the responsibility of ministers, including the prime minister, the justice secretary, and James Timpson, the prisons minister at the Ministry of Justice.

Lord Timpson said last month: “We cannot take any steps that would put victims or the public at risk.” But it is impossible to eliminate risk altogether, and the harm done by this injustice now greatly outweighs the danger to the public.

Franz Kafka and Joseph Heller described absurd moral universes of totalitarianism and war that seem a long way from Britain in 2026. Yet there are people in this country, this year, who are trapped in an unjust system as extreme as any in fiction.

Let us hope that 2026 is the year that Sir Keir Starmer, David Lammy and Lord Timpson find the courage to end this Kafkaesque stain on Britain’s justice system.