Westminster update: Law Society gives evidence on Terminally Ill Adults Bill

Potential tax hikes for limited liability partnerships (LLP)

We responded to speculation that the government may extend the equivalent of employer national insurance contributions (NICs) to LLPs.

We expressed our concern for the potential impact of this on economic growth and international competitiveness.

Law Society gives evidence on Terminally Ill Adults Bill

Kirsty Stuart, chair of our Mental Health and Disability Law Committee, emphasised the need for consultation on a number of aspects of the Terminally Ill Adults (End of Life) Bill during an oral evidence session to the House of Lords Committee scrutinising the legislation.

Stuart opened the session by setting out our key concerns, highlighting issues around:

• the definition and assessment of capacity
• the lack of clarity over terms such as “pressure"
• the extent to which important safeguards are left to secondary legislation rather than written into the bill itself

Stuart restated that while we support robust, rights-based safeguards for vulnerable individuals, the current drafting leaves key principles unresolved and needs more legal clarity and procedural consistency.

Human rights and accountability were common themes.

Experts raised concerns that the bill might be vulnerable to challenge under article 3 of the Human Rights Act, while others argued it successfully builds on international models of assisted dying without leading to 'eligibility creep'.

The committee also discussed medical training, capacity assessment and the potential overuse of delegated powers.

Witnesses debated whether the bill is fit for purpose.

While some contributors noted that the proposed panel process could enhance oversight, others questioned whether it would in practice assume a quasi-judicial role.

Stuart emphasised that individuals navigating such complex and sensitive processes must have access to independent legal advice and that further clarity is needed on privacy protections and publication powers.

The bill will have its committee stage in the House of Lords on 14 November.

'Hillsborough Law' has second reading in the Commons

On Monday, the House of Commons held its second reading of the Public Office (Accountability) Bill.

The bill aims to establish a statutory duty of candour for public authorities and officials, enforceable during inquiries and investigations.

It also introduces new criminal offences for misleading the public and misconduct in public office.

A key provision of the bill is the introduction of non-means-tested legal aid for bereaved families affected by state-related scandals, which we have welcomed.

We submitted a briefing to MPs ahead of the debate, which was referenced by Tom Morrison MP (Liberal Democrat), who joined us and other campaign groups in expressing “relief about this law finally being put in place".

Prime minister Keir Starmer opened the debate with a tribute to the families impacted by Hillsborough, Grenfell, Windrush, the infected blood scandal and the Post Office Horizon case.

The bill received broad support across the House, with MPs offering both personal reflections and party positions on areas for potential enhancement.

Justice Committee chair Andy Slaughter MP welcomed the bill and advocated for establishing a national oversight mechanism to implement inquiry recommendations.

Liberal Democrat justice spokesperson Jess Brown-Fuller MP also showed support, proposing stronger whistleblower protections and extending legal aid to individuals seriously injured or economically harmed by state-related incidents.

Parliamentary under-secretary for justice Alex Davies-Jones MP noted that the proposed legal aid expansion is the largest in a generation.

The bill now proceeds to committee stage. We will provide oral evidence to the Public Bill Committee on 27 November, focusing on legal aid provisions.

Border Bill: detention concerns raised in debates

During report stage proceedings on Monday 3 November, Lord German (Liberal Democrat) highlighted our concerns around retention of Illegal Migration Act provisions in the Border Security, Asylum and Immigration Bill.

Baroness Jones of Moulsecoomb (Green Party) introduced an amendment to repeal section 12 of the Illegal Migration Act 2023, which governs the period individuals may be detained.

She argued that decisions on the reasonableness of detention should rest with the courts rather than ministers to ensure compliance with international human rights obligations.

Opposing the proposal, Lord Harper (Conservative) maintained that the current provisions already include a “reasonably necessary” test and are open to judicial challenge.

Lord German supported the amendment, referencing our concerns that reduced judicial oversight risks unlawful and prolonged detention.

Responding for the government, Lord Hanson confirmed that individuals can challenge detention through judicial review and that the government would continue reviewing the matter in light of broader immigration reforms.

The amendment was withdrawn.

Lord Bach (Labour) spoke on his amendment to ensure that detained individuals have access to civil legal aid within 48 hours of detention.

He cited that 60% of the population in England and Wales live in areas with no immigration legal aid provider, leaving tens of thousands without meaningful access to justice.

Lord Hanson acknowledged the importance of access to legal advice, noting that 30 minutes of free legal assistance are available under the Detained Duty Advice Scheme (DDAS).

He offered to continue discussions with peers on improving efficiency and coverage in the legal aid system.

The amendment was also withdrawn.

Coming up

We are working closely with MPs and peers to influence a number of bills before Parliament:

• Border Security, Asylum and Immigration Bill will continue its report stage in the Lords, which began on 28 October
• Children’s Wellbeing and Schools Bill will begin its report stage in the Lords on a date to be confirmed
• Crime and Policing Bill will begin a committee stage in the Lords on 17 November
• Employment Rights Bill will begin a consideration of Commons message on 5 November
• Mental Health Bill will begin a consideration of Commons amendments on 24 November
• Planning and Infrastructure Bill began its third reading in the Lords on 10 November
• Public Office (Accountability) Bill will begin its committee stage in the Commons on a date to be confirmed
• Terminally Ill Adults (End of Life) Bill is will begin its Committee of the Whole House on 14 November
• Sentencing Bill will begin its second reading in the Lords on 12 November