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.

Briefings / Last-minute powers and limited scrutiny: Parliament and the risks of consigning online safety law to delegated legislation

Two late-stage government amendments to the Crime and Policing Bill and the Children’s Wellbeing and Schools Bill would grant Ministers significant powers to reshape key parts of the Online Safety Act through delegated legislation. While the policy goals may attract support, the method raises serious constitutional concerns about parliamentary scrutiny and accountability. Using these amendments as a case study, this briefing explores the risks of relying on regulations to make policy and explains how the Hansard Society’s proposed reforms to the delegated legislation scrutiny system could better balance governmental flexibility with democratic oversight.

09 Mar 2026
Read more

News / Is the assisted dying bill being filibustered? - Parliament Matters podcast, Episode 135

Debate over the Terminally Ill Adults (End of Life) Bill has been so slow in the House of Lords that opponents of the Bill are accused of deliberately running down the clock. Conservative Peer Lord Harper rejects claims of filibustering, arguing that Peers are undertaking necessary scrutiny of a flawed and complex bill. He contends the legislation lacks adequate safeguards and was unsuited to the Private Member’s Bill process and discusses whether MPs might attempt to revive it in a future parliamentary Session. Listen and subscribe: Apple Podcasts · Spotify · Acast · YouTube · Other apps · RSS

10 Mar 2026
Read more

Blog / The Backbench Business Committee 15 years on: Has it given backbench MPs a stronger voice in the House of Commons?

Fifteen years after its creation, the Backbench Business Committee has become an important mechanism through which MPs can secure debates and raise issues in the House of Commons. Drawing on new research analysing debate transcripts and interviews with MPs, Ministers and officials, this blogpost analyses the Committee’s impact on parliamentary agenda-setting and cross-party campaigning. It highlights how the Committee has transformed opportunities for backbenchers while identifying ongoing challenges around participation, transparency and the Committee’s potential role in representing backbench interests more broadly.

07 Mar 2026
Read more

News / Parliament Matters Bulletin: What’s coming up in Parliament this week? 9-13 March 2026

The Treasury Committee questions Chancellor Rachel Reeves, the OBR, and the IFS, on the Spring Forecast. The Chancellor also faces MPs’ oral questions. MPs will for the first time debate the legislation – the Courts and Tribunals Bill – that proposes to abolish jury trials. They will also consider proposed Government powers to restrict children’s access to social media, complete the final stages of the Bill to implement the Autumn Budget, and hold a debate to mark International Women’s Day. In the Lords, the House of Lords (Hereditary Peers) Bill returns for consideration of amendments. Peers also continue their scrutiny of the Crime and Policing, Victims and Courts, Tobacco and Vapes, and National Insurance Contributions Bills, while the assisted dying bill reaches its eleventh day in Committee.

08 Mar 2026
Read more

News / Starmer, Iran, and Parliament’s role in war powers - Parliament Matters podcast, Episode 134

What role does Parliament play when the UK is involved in military action? In this week’s episode, we explore the evolving practice of parliamentary war powers, sparked by Prime Minister Sir Keir Starmer’s response to recent developments in Iran and the Middle East. We discuss the royal prerogative, the uncertain post-Iraq convention on war powers, and proposals to codify Parliament’s role. Plus, we discuss the return of the Hereditary Peers Bill, proposals to increase MPs’ pay, scrutiny of defence spending, and the Spring Statement and wider economic outlook. Listen and subscribe: Apple Podcasts · Spotify · Acast · YouTube · Other apps · RSS

06 Mar 2026
Read more