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
Terminally Ill Adults (End of Life) Bill: Bill documents
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[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.
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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.
In this ninth instalment of our special mini-podcast series, we continue to explore the latest developments in the progress of the Terminally Ill Adults (End of Life) Bill, often referred to as the assisted dying bill. We are joined by Dr Marie Tidball MP to discuss the amendments she has secured for a Disability Advisory Board and an independent advocate for people with learning disabilities.
