News

Assisted dying bill: Special series #2 - Parliament Matters podcast, Episode 71

31 Jan 2025

In this special episode we have an exclusive conversation with Dame Elizabeth Gardiner, the former head of the government’s Office of Parliamentary Counsel, who drafted the Terminally Ill Adults (End of Life) Bill. This is a rare insight into the legislative process from the person who crafted the bill that MPs are now scrutinising.

Dame Elizabeth reveals how she was approached to draft the bill on a pro bono basis, the legal challenges she navigated, and how she worked closely with the Bill’s sponsor, Kim Leadbeater MP, to shape the legislation. She offers a fascinating behind-the-scenes look at the drafting process, explaining how existing laws, international precedents, and parliamentary constraints influenced her approach.

Mark and Ruth also dissect the key takeaways from this week's Public Bill Committee evidence sessions, including concerns over medical safeguards, judicial oversight, and the role of government in shaping the final legislation. With over 147 amendments already tabled, the bill faces intense scrutiny in the coming weeks.

Tune in for an in-depth discussion on the future of assisted dying law in the UK, the political dynamics at play, and what comes next in this historic parliamentary process.

Dame Elizabeth Gardiner

Dame Elizabeth Gardiner is a lawyer and former senior civil servant who served as the First Parliamentary Counsel—the Government’s chief drafter of legislation—from 2015 to 2024. She began her career in the Office of the Parliamentary Counsel in 1991, honing her expertise in legislative drafting over three decades. Following her tenure as First Parliamentary Counsel, she played a key role in 2024-25 drafting the Terminally Ill Adults (End of Life) Bill, a proposed law to legalise assisted dying, working closely with the Bill’s sponsor, Kim Leadbeater MP.

Hansard Society

Parliament

Please note, this transcript is automatically generated. There may consequently be minor errors and the text is not formatted according to our style guide. If you wish to reference or cite the transcript copy below, please first check against the audio version above.

[00:00:00] Intro: You are listening to Parliament Matters, a Hansard Society production, supported by the Joseph Rowntree Charitable Trust. Learn more at hansardsociety.org.uk/pm.

[00:00:17] Ruth Fox: Welcome to Parliament Matters, the podcast about the institution at the heart of our democracy, Parliament itself. I'm Ruth Fox.

[00:00:24] Mark D'Arcy: And I'm Mark D'Arcy, and welcome to the second in our special series of mini pods devoted entirely to the Terminally Ill Adults (End of Life) Bill, the bill that aims to legalise assisted dying.

[00:00:35] Ruth Fox: This week, MPs on the committee examining the bill have heard from nearly 50 witnesses across three jam packed days of intensive evidence taking.

[00:00:44] Mark D'Arcy: They're now taking a week off. in order to digest what they've been hearing. But in the meantime, Ruth, we've got a bit of an exclusive for the listeners.

[00:00:51] Ruth Fox: Yes, so we've been talking to Dame Elizabeth Gardiner. Until recently, the government's chief drafter, she's the person who's actually drafted the bill that MPs are now looking at. And, well, drafters, Mark, they rarely speak in public about their work, and certainly not on podcasts. So we were really pleased she agreed to come on the pod.

[00:01:12] Mark D'Arcy: Well, we're delighted to welcome to the pod now Dame Elizabeth Gardiner, who was the drafter of the bill on assisted dying. And Elizabeth, first of all, can you tell us how you got that role? Because it was a pro bono thing that you did. How were you approached? What was the arrangement that was made, if you like?

[00:01:29] Elizabeth Gardiner: So I retired from the civil service at the beginning of last year. And I hadn't planned to do any drafting, and then somebody who I used to work with contacted me to see whether either I would be interested in producing this bill or if I knew anybody who might be. As you may know, the drafting resources are in very short supply across the world, so people are always looking out for people who might undertake this sort of work.

[00:01:53] And I thought about it and decided that I would be quite interested in doing it, as you say, on a pro bono basis.

[00:02:00] Mark D'Arcy: And Parliamentary Counsel, the specialist lawyers who, who draft laws, are, as you say, in pretty short supply. But you did have quite a range of attempts to create a law on this subject from all sorts of jurisdictions across the globe.

Subscribe to Parliament Matters

Use the links below to subscribe to the Hansard Society's Parliament Matters podcast on your preferred app, or search for 'Parliament Matters' on whichever podcasting service you use. If you are unable to find our podcast, please email us here.

News / Assisted dying bill: Special series #10 - Parliament Matters podcast, Episode 89

Having cleared detailed scrutiny in a Public Bill Committee, the Terminally Ill Adults (End of Life) Bill faces its next crucial test when it returns to the House of Commons for Report Stage on 16 May. This stage is often where Private Members' Bills falter. Will opponents of Kim Leadbeater’s proposals to legalise assisted dying win enough support to amend the Bill? Can supporters of the Bill fend off attempts to change it? And could the Bill be lost altogether, because of the procedural hurdles that still stand in its way?

29 Apr 2025
Read more

News / Parliament Matters Bulletin: What’s coming up in Parliament this week? 28 April - 2 May 2025

MPs will debate the Football Governance Bill for the first time and consider controversial proposals to give government access to benefit recipients’ bank data in the Public Authorities (Fraud, Error and Recovery) Bill. The Great British Energy Bill faces a further hurdle over modern slavery concerns in solar panel supply chains. Orders on extended VE Day pub hours and banning ‘ninja swords’ will be considered. David Lammy and Shabana Mahmood face committee scrutiny, while Richard Foord seeks to require parliamentary approval for a UK–US trade deal. Mayors Andy Burnham and Kim McGuinness will give evidence on industrial strategy, and Dr Fiona Hill will speak about social mobility and education.

27 Apr 2025
Read more

News / Should Parliament roll out the red carpet for Donald Trump? - Parliament Matters podcast, Episode 88

After Parliament’s rare Saturday sitting to pass the Steel Industry (Special Measures) Bill with minimal scrutiny, we explore concerns about rushed legislation and unchecked ministerial powers. The Speaker Sir Lindsay Hoyle faces criticism for allegedly protecting Keir Starmer at PMQs. Meanwhile, as MPs and Peers move to block a possible Trump address to Parliament during his second UK State Visit, we discuss who controls invitations to speak and where on the parliamentary estate.

26 Apr 2025
Read more

Submissions / Evidence to the House of Commons Modernisation Committee: Priorities and strategic aims

In response to the Modernisation Committee's call for views on 17 October 2024, we submitted evidence outlining key areas we believe the Committee should prioritise. Our submission recommended a focus on: strengthening legislative scrutiny, with particular emphasis on reforming the delegated legislation system; enhancing financial scrutiny, especially in relation to the Budget and the Estimates; addressing strategic gaps in parliamentary scrutiny; making more effective use of parliamentary time; and reviewing the Standing Orders, language and rituals of the House of Commons.

01 Apr 2025
Read more

Briefings / The Assisted Dying Bill: A guide to the Private Member's Bill process

This briefing explains what to watch for during the Second Reading debate of the Terminally Ill Adults (End of Life) Bill on 29 November. It outlines the procedural and legislative issues that will come into play: the role of the Chair in managing the debate and how procedures such as the 'closure' and 'reasoned amendments' work. It looks ahead to the Committee and Report stage procedures that will apply if the Bill progresses beyond Second Reading. It also examines the government's responsibilities, such as providing a money resolution for the Bill and preparing an Impact Assessment, while addressing broader concerns about the adequacy of Private Members’ Bill procedures for scrutinising controversial issues.

27 Nov 2024
Read more