Lord Falconer of Thoroton:

Moved by Lord Falconer of Thoroton

That the House do now resolve itself into Committee.

My Lords, I apologise, but I rise to raise a procedural issue crucial to the reputation of your Lordships’ House. When I blocked out my diary for the Fridays scheduled for Committee on this Bill, I did so in good faith. I assumed not only that your Lordships’ House would recognise the value of the views of Members with lifelong lived experience of disability, but that steps would be taken to ensure that those views were heard on an equal and non-discriminatory basis. That would be entirely in keeping with the Equality Act 2010, which placed on organisations a legal duty to make reasonable adjustments on account of disability in, among other things, the way in which they work.

In the belief that your Lordships’ House and the Government will appreciate the crucial importance of our being seen to set an example and uphold the law, which we passed and which we expect others to abide by, I emailed the Government Chief Whip and wrote to the Prime Minister to explain that, because of my disability, I need to leave by 3 pm in order to catch my flight home. I requested an assurance that the House would not sit beyond 3 pm, which is of course the time by when the House normally rises on a sitting Friday. Regrettably, I have been given no such assurance. Instead, the Government are using a procedural technicality as a feeble fig leaf for discrimination against me as one of the House’s Members—one of its few Members—with lifelong disability. I do not believe it is beyond the wit or the will of the Government, or indeed your Lordships’ House, to ensure that we rise by 3 pm so that I can participate today and on other sitting Fridays on an equal and non-discriminatory basis. Given that not one organisation of or for disabled people supports this Bill, surely it is right that all of us—every one of us—are enabled to do our duty of subjecting this monumentally significant Bill to the forensic scrutiny it requires.

In conclusion, do we really want to send the message to those who are following our proceedings today, “Do as we say, not as we do”? That would be shameful and it would be unworthy of your Lordships’ House. For our own sake, I urge the House not to discriminate against me as one of the very few Members born disabled. I therefore ask that the House rises by 3pm.

My Lords, I have every sympathy with the noble Lord, but I would like to thank the Chief Whip, the noble Lord, Lord Kennedy, for his willingness to listen and to be flexible, especially when I, together with a number of colleagues, asked for the Second Reading to be split into two days. In the Chief Whip’s remarks yesterday, he talked about convention and tradition, and so we are to rise at 3 pm or thereabouts. I place on record that, as a modern Orthodox Jewish Member of your Lordships’ House, sitting on Fridays in the winter is deeply problematic. Shabbat begins today at 3.54 pm; on 5 December, it will begin at 3.35 pm and on 12 December at 3.33 pm. Your Lordships will know that, by 3.54 pm today, I and others will need to be ready for Shabbat, and I will be in synagogue.

Keeping with my tradition, as the House will follow its tradition, there will be times, therefore, over the coming weeks that I and some others will be absent— I hope that that does not occur when I have an Amendment in my name to speak to. I am grateful for the indulgence of the House, but I felt it really important to place this matter on the record as we begin Committee, which will take place only on Fridays.

My Lords, I suppose it would be apt for me to complete the Holy Trinity of faith. We have started with the Christian faith, we have heard a Jewish dimension and we have heard about equality and opportunity. As a member of the Islamic faith and as a practising Muslim, I say that, while I fully respect the House and I am grateful to the Chief Whip and the Leader, it is important that we reflect all traditions.

One of the main challenges that I have with this Bill is the lack of consultations with different communities. As many noble Lords will be aware, Friday is also a sacred day for Muslims, particularly in the middle of the day with the Jummah prayer. I just flag that point. I of course respect the organisation and the business of the House, but ask that there is time for those who practise the faith and choose to offer prayer by congregation in the middle of the day. Following on in support of my noble friends Lord Shinkwin and Lord Polak, I think that the diversity of our country, the diversity of the House and the respect of all traditions and faiths is something that should be borne in mind.

My Lords, I will first say, as a Catholic, that I have great respect for the three noble Lords who have spoken: the noble Lords, Lord Shinkwin, Lord Polak and Lord Ahmad of Wimbledon. I like all three noble Lords very much, as they know, and I am sympathetic to the points they raised. It is why I made a statement to the House yesterday, after Questions, which I then sent to every noble Lord’s parliamentary email account. My statement and email sought to help colleagues with reasonable planning assumptions, in line with the usual conventions.

The Government would never seek, on a Private Member’s Bill, to force the House to do anything it did not want to do. My plan today is, if necessary, to return to this Dispatch Box at a convenient point around 2.30 pm to again give advice to the House on how we achieve a rising time of around 3 pm—it could be before or slightly after. At the end of the day, the decision is the matter for the House, not for me as Government Chief Whip. This is not a government Bill. The Government are neutral on the Bill. At this point, though, I think we need to move on from procedure and start debating and scrutinising the Bill and the more than 900 amendments before us, line by line, with respect and courtesy for each other and for the different opinions genuinely and sincerely held across the House.

Motion agreed.

Clause 1: Assisted dying