COURTS could be overwhelmed by assisted dying cases, a top retired judge warned today.
Former lord chief justice Lord Thomas of Cwmgiedd said that “no-one has grappled with the detail” of the impact that assisted dying legislation could have on the court system.
He was speaking ahead of MPs voting on the legislation after a Commons debate set for Friday.
Lord Thomas told the BBC that “the process and the impact on the court system is really something about which there should be information before we decide in principle to proceed.”
The proposed law sets out that the process of assisted dying must involve two independent doctors being satisfied that the person is terminally ill and expected to die within six months.
Cases would then be referred to a judge, who would have to hear from at least one of the doctors.
“One really difficult question that hasn’t been addressed in this is how is the judge to proceed, as it cannot possibly be a rubber-stamping exercise,” Lord Thomas said.
“There has to be a process and the judge will need help — will need either the official solicitor or some other body that can bring the evidence before him.”
“As far as I can see, no-one has grappled with the detail. And of course, as it’s an integral part of the Bill, you can’t say, ‘well, look, this is to be sorted out later.’ It seems to me it needs to be grappled with now.”
Justice Secretary Shabana Mahmood and Health Secretary Wes Streeting have been strident critics of the plans, which nevertheless appear to have widespread support, including from Cabinet members Lisa Nandy, Ed Miliband, Louise Haigh and Hilary Benn.
Friday’s vote will be unwhipped, meaning MPs can vote in line with their beliefs without a party line being imposed.
Many MPs remain undecided at present, but the law’s supporters remain optimistic that it will clear this first Commons hurdle.
If it does it will then be subjected to more detailed scrutiny in committee.
At a meeting in Parliament on Monday evening, a panel of terminally ill and bereaved people urged parliamentarians to back the Bill proposed by Labour MP Kim Leadbeater, describing the current situation as “inhumane.”
Josh Cook, whose mother took her own life while in the advanced stages of Huntington’s disease and has the gene for the condition himself, said the status quo meant palliative care eventually “turns from care to torture.”
