Sarah Olney MP on the Terminally Ill Adults (End of Life) Bill

Sarah Olney has published her (well argued) letter about the Bill in Richmond Park News and on her website. It is just the kind of issue that should be debated locally and not just among those who subscribe to her LibDem Newssheet. 

She writes:

I have decided to vote against the Second Reading of the Terminally Ill Adults (End of Life) Bill this afternoon.

I have taken a long time to reach this decision, and it has been informed by a great deal of reading, consultation and – above all – correspondence with constituents who have made passionate and very personal cases on both sides of the debate. I am extremely grateful to everybody who has taken the time to share their thoughts with me and I have carefully read every email and considered what each constituent had to say. I am particularly grateful to people who shared difficult and painful experiences of losing loved ones, and of watching them suffer intensely at the end. I want to express my heartfelt sympathies to you all, and also my sincere thanks for your bravery in reliving those very difficult times. I can assure you that your messages were both appreciated and instructive.

I know that I am instinctively against the idea of assisted dying. I believe that as long as there is the ability to have meaningful human interaction and the capacity to feel joy, then life is always worth living. But, I am comfortable living in a world where people have access to options that I wouldn’t choose, especially where people would otherwise suffer a material harm.

There is a clear case for assisted dying. To ease the passage of those who are experiencing great pain and distress at the end of life and to give them some peace of mind and control over their final days. I am persuaded that there are situations where the law should not stand in the way of allowing people to choose this.

However, I am concerned that if we change the law to allow assisted dying, the consequences are difficult to predict. If assisted dying is allowed, will those suffering from a terminal illness feel that, by not choosing assisted dying, they are instead choosing to continue living, and choosing to be (as they may perceive it) a burden on their families? I cannot assess how likely or widespread this feeling may be. But I do worry that these concerns may weigh more heavily on the elderly and the disabled.

So, it is not easy to see which path is likely to lead to the greatest reduction of harm. How can we balance the rights of people to end their lives with dignity against the danger that people may feel under unwarranted pressure to make that choice?

It is clear to me that we should proceed with great care and caution in our framing of this legislation. The worst possible outcome would be a flawed bill that potentially puts vulnerable people at risk.

I have a huge amount of respect for Kim Leadbeater, the MP for Spen Valley who has brought this Bill before Parliament. I am grateful to her for the respectful and constructive way that she has conducted the lead up to today’s debate, and for her brave and passionate opening speech in the Chamber this morning. However, I believe that there are flaws in the way that the Bill has been drafted.

If the Bill passes at Second Reading today, there will be opportunities at Committee Stage and Report Stage to amend it and to address some of its shortcomings. But we can only amend the original draft. A government bill would have had extensive pre-legislative consultation and scrutiny before the initial draft came before the House. Private Members’ Bills frequently fail because they run out of time to complete all their stages in the time allocated, and I am concerned that a desire to get the stages completed in the limited time available will take precedence over the need to get the legislation framed properly. This is a flaw of the PMB process as much as of the Bill itself.

But it doesn’t give me confidence that we have time to fully consider all the implications of the proposed law or that the process will enable us to be sure that the vulnerable are fully protected. Given the profound implications of getting the legislation wrong, and the inherent risks of the legislative process, I have decided to vote against this bill today. I know that this will be an enormous disappointment for the many constituents who have written to me to urge me to vote in support. Many people have formed a firm view in favour of assisted dying in response to a traumatic experience of watching a loved one die, and I know that those people may think that I don’t understand how it feels.

I do understand. By coincidence, tomorrow – 30th November – is the anniversary of the awful day that my husband and I had to decide to switch off our son’s life support machine. We will be grieving his loss over the weekend, wishing we could relive that final hour one more time, and fruitlessly wondering what kind of person he would be now if he had survived. But we can grieve in peace, knowing that there was no choice, because his life was over.

I am sorry – truly sorry – if my vote today doesn’t reflect how you feel about your own experience of grief and loss. But it does reflect mine. And I hope you don’t doubt the depth of compassion and empathy I feel for the bereaved and grieving.

I am happy to continue to correspond with constituents who would like to share their thoughts. If the vote passes at Second Reading, then there will be more stages to come, and more opportunities for me to reflect upon the decisions to be made. I welcome all and every message that constituents wish to share.

Sarah Olney MP

See also yesterday’s post above

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The Stag Brewery Public Inquiry: Mid-term report

We have had two weeks of evidence with two further weeks to come. What might be considered the most important evidence, on viability and affordable housing, will be heard over three days from Tuesday, 3 December 2024.

It can be seen what a coup it was to force the hand of Richmond Council to organise livestreaming of the hearings. Enabling residents to dip in and out of the evidence without having to sit around in Twickenham has enabled the community to engage in a far better informed debate than would otherwise have been the case.

One question frequently asked as a consequence is what will the outcome be? Put simply we will not know until the end of February at the earliest. The Inspector has played his cards very close to his chest.

What one can say is that the answer is not obvious. The Council and the developers might have thought at the beginning of the year that it was a foregone conclusion, a routine exercise in overcoming annoying local opposition. That is far from the case with an array of experts shedding considerable doubt on the suitability of the plans. People who may have thought this has been an empty brownfield site for too long, so we should accept any plan are voices now more rarely heard as the shortcomings have become apparent in open evidence rather than contained behind closed doors.

One useful test to consider is this. If the Inspector were to refuse the applications and the Minister declined to overturn his decision, would the Council or the developers appeal the decision to the Courts? Surely not. It would be difficult to overturn a decision, judicial or political, which had as its foundations;

an attempt to drive a coach and horses through a central tenet of affordable housing policy;

a planning decision based on community need rather than profit for the developers; and

a refusal to allow the character of Mortlake to be changed at a stroke.

A reasonable Council should already be planning for that possibility. It would be highly unwise and open to severe criticism if they were all to wake up to the new moon on 28 February 2025 and say to themselves ‘Oh dear, what shall we do now?’.

There are several options. No doubt Council Leaders will be sharpening their poisoned arrows to be loosed off at the Mayor of London, the Minister of Housing, Communities and Local Government and the residents of SW14, who they like to caricature as nimbies.

They could simply revert to the original planning brief. In the current climate and in the face of government decisions to be taken about funding new schools, it would surely not be difficult to engage with the Department of Education to change the school plans.

They would lose part of the Community Infrastructure Levy, but if they lose the case, they will lose that anyway. Lose, lose, lose. They would do better to seek to offset that loss by putting in place plans based on the original Planning Brief and accepting that they cannot squeeze the quart into a pint pot.

It would be a loss of face which the current Leaders may not be prepared to contemplate. But positive political thinking might approach the problem on the basis that, eighteen months on from the original planning decision and having heard all the evidence afresh, we can see the benefits of the original scheme of scaled down, more spacious, less high, residential units and a safer spot for a primary school, which might even give our transport thinking a chance of working.

But will they move out of their tunnel vision?

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Assisted Dying Bill

Your MP voted against the Assisted Dying Bill. How would her constituents have voted?

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Richmond Park Cycling: Ongoing Discussions

Paul Richards during his talk about Richmond Park (https://wordpress.com/post/childlawobserver10.com/1006) to the Mortlake with East Sheen Society (www.mess.org.uk) on 28 October said:

“The speed limit on Park roads is 20 mph but this does not apply to bikes. ,,,,,The Park had asked the Department for Culture, Media and Sport to change the byelaws to stop speeding bikes. They had asked Strava and other similar apps to remove Richmond Park from their apps, given that they encouraged competitive racing and recording personal best times.”

The Department for Culture Media and Sport, which has Government responsibility for the parks, has now said: “We have received a proposal to improve safety for park users from the Royal Parks and are considering it.”

A Royal Parks spokesman said although cycling has a “deep-rooted history” in the city’s parklands, “the speeds that can now be achieved when cycling in such populated spaces bring new challenges that we are committed to addressing”.

The charity had said: “The parks are shared spaces where pedestrians, cyclists and wildlife coexist, and we have a responsibility to all park users to ensure we are acting in a way that protects and promotes their safety. We continue to work closely with cycling groups, community groups and the Met Police to do all we can to ensure the parks can be enjoyed safely by everyone, now and in the future.”

Richmond Park is having discussions with Strava, and with Richmond Park Cyclists and Regents Park Cyclists with a view to drafting a new Cycling Policy for the Royal Parks.

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Supporting Local Small Shops

If you are an American Express cardholder then consider supporting your favourite local small shop by voting for them in the Champion Small 2024 event.

Go to https://www.americanexpress.com/en-gb/life-with-amex/shop-small/

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Community Bluescapes

Community BlueScapes is a partnership between London Borough of Richmond upon Thames, Barnes Common Limited, and WWT. They are coming together to create healthier neighbourhoods in the Beverley Brook catchment in Richmond and ensure communities are flood and weather resilient in the near future. 

Community BlueScapes https://www.richmond.gov.uk/community_bluescapes has been awarded £6million by the Department for Environment Food and Rural Affairs as part of the £200 million Flood and Coastal Innovation Programmes managed by the Environment Agency. The programme will drive innovation in flood and coastal resilience and help residents adapt to a changing climate. One of the underlying approaches to the work is to contain more in existing water sites along the length of Beverley Brook to its exit into the Thames near the Barnes Wetlands Centre. A new pond is being developed in Vine Road.

See also https://richmondclimatestrategy.commonplace.is/en-GB/proposals/community-bluescapes/start

Readers will recall that Richmond Park Manager Paul Richards spoke about water management at his talk to the Mortlake with East Sheen Society (www.mess.org.uk) on 28 October 2024 (see below). They are engaged on Wetland Enhancement Projects 2024. Formerly they allowed water to drain away. They are now keeping a high water level in the Park, while avoiding flooding. There are new drainage schemes controlling flows into Beverley Brook. It was necessary to control entry to the Thames, so that it did not flood at Barnes and Mortlake. They are working with Barnes and Wimbledon Commons.

There is a puzzle in all this. The work all relates to the areas east of Priests Bridge, Castelnau and Rocks Lane and then up to Richmond Park. The area to the west of White Hart Lane is perhaps the most vulnerable for the river bank and towpath and the residents in the low-lying parts of Mortlake. The Beverley Brook water system is adjacent to that part of the Thames. As described in Bert Flood below it is vulnerable to upstream and downstream flooding. But Richmond Council seems to be leaving that to the tender mercies of the Stag Brewery developers, a far cry from Community Bluescapes and its work to involve the local communities.

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Tennis Coaching at Roehampton

The All England Lawn Tennis Club announces that its January Coaching sessions at Roehampton are now available to book via their website. https://roehampton.communitysport.aeltc.com/

The Classes will run at the below times:

Tuesday Beginners – 19:30-21:00 for players new to tennis.

Tuesday Intermediates – 19:30-21:00 for players who play regularly and are comfortable with playing singles and doubles.

Friday Beginners – 9:30-11:00 for players new to tennis.

Friday Improvers – 9:30-11:00 for players who have achieved a level of consistency and knowledge of the game.

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The Stag Brewery Planning Inquiry: Counsels’ Responses to the False Letters of Support

On Friday 8 November 2024 Richard White gave evidence to the Stag Brewery Public Inquiry about the false letters of support for the planning applications posted on the Richmond Council Planning Portal. The letters could be seen by councillors at the Planning Committee Meeting on 19 July 2023 and were still on the Portal at the time of the second Planning Committee Meeting on 31 January 2024, when revised plans were approved.

Related emails and letters are now posted on the Inspectorate website at INQ-18 within Documents Submitted During Inquiry – Gateley Although the oral brief provided in writing to the Inspector and Counsel for all the Parties has not been uploaded to the website, the recorded livestream of the session is at Stag Brewery Inquiry: Transport – Friday 8 November 2024, 10:00am – Richmond upon Thames Webcasting

The livestream has now been transcribed in so far as it contains the responses from Counsel for the local authority, Matthew Reed KC, and Counsel for the developers, Russell Harris KC, both of Landmark Chambers, and observations from the Inspector.

Mr Reed “ I am not going to ask questions of Mr White. The position was that we wrote to the Inspector on 22 March 2024 which letter went to the Inspector’s administrative department. No doubt it was then forwarded on as part of the case file. We stated that Lucy Thatcher, the case officer, was concerned with regard to the letters of support not being genuine and as a result indicated that they should not be considered.

“ Please be advised, she says, that these letters were not submitted by individual residents, so we indicated to the inspector and we did so direct to you because by that point there had been an appeal in place, so obviously we heard what Mr. White said.”

So in spite of requests to the Council by Mr White and by three other persons to investigate how it came about that false letters were placed on the Council Planning Portal, no explanation has been given.

Russell Harris KC “ For the purposes of your determination we are clear as to our position on those documents. Sir you will be more aware than anybody else, being an experienced inspector appointed to determine afresh this application as if it were a new application, that is the effect of section 78, and you do so on the land use planning evidence before you.

“As counsel has pointed out, in this case the council has as a precaution removed all of that evidence whether it’s challenged or not and has indicated to the inspector that it is not relying on it and it’s not to be relied upon. We placed no reliance on it now and never have.

“ It is not in evidence before you in the land planning because it’s all been withdrawn and that it’s not before you in those circumstances, it’s not something that is much less at the top of your considerations is not on your list of considerations at all [sic]. Circular advice on costs and the PINS [Planning Inspectorate] guidance and procedure makes it clear that inspectors are not expected [Inaudible, microphone malfunctioned], so that should be the end of it.

“ I will say, however, given some of the terms used in a public arena in the document that the Law Society, the Bar and its Bar Code of Conduct and PINS in its guidance to inspectors indicates that deliberate allegations of deliberate fraud are not to be made in enquiries such as this, without the clearest possible evidence identifying the fraud and the persons responsible. You will know that Mr White and reading his document where he in public in a document that I think is probably on the website indicates that the malfeasance was ‘perpetrated by the agents’ was watered down to ‘probably perpetrated’ I think correctly and appropriately and sensibly. There is no evidence of such perpetration and it’s a shame really that these proceedings have been rather sullied by such suggestions. So summing up the evidence which is complained about isn’t before you and that should be the end of the matter. “

Richard White’s response to Counsels’ submissions. “ It’s regrettable and it’s brazening it out. [It is a… ] determination not to give any explanation of what has happened. I don’t think I need to say any more sir.”

Inspector “ I have not seen those letters. I was aware of the allegations prior to the original date of the appeal so I had seen the correspondence that occurred before then. I have not seen the letters themselves so they have no part in my decision making. I will continue to decide these appeals as they have been lodged and validated and I am required to do that.”

Richard White “ Nothing I have said should be taken to gainsay that. Some local people have said should we not report this to the police? Should we go to the Local Government Ombudsman? In my view that would be inappropriate. I raise it with you as the only judicial figure before whom this matter comes. I hear what Counsel say that you have to decide this on the evidence relating to planning. I entirely accept that but I have no other forum to make these points. I am saddened I have to say that both Counsel have chosen effectively to brazen this out. I don’t think that will go down well with the people that I am having regular discussions with in my local community. “

Inspector. May I ask that Mr White’s letter to us is taken in as an enquiry document ….. and attachments.

Observations

“ There is no evidence of such perpetration….” What clearer evidence could there have been than the exhibits on the Inspectorate website? Readers can judge for themselves.

“ Mr. White’s letter to us is taken in as an enquiry document … and attachments.” So whatever Counsel might like to think, the false letters included in the attachments, are enquiry documents.

“ …. it’s a shame really that these proceedings have been rather sullied…. “ Was the sullying putting the false letters on the Council Planning Portal or drawing the Inspector’s attention to them?

“ … some of the terms used in a public arena in the document that the Law Society, the Bar and its Bar Code of Conduct and PINS in its guidance to inspectors indicates that deliberate allegations of deliberate fraud are not to be made in enquiries such as this …..”

This feels like a threat or Counsel seeking to put a mere (former) solicitor in his place.

The Solicitors’ Regulation Authority Code of Conduct states: Solicitors must act:

  • in a way that upholds .. the rule of law;
  • in a way that upholds public trust and confidence in the solicitors’ profession and in legal services provided by authorised persons;
  • with independence, honesty and integrity….

Readers might think that bringing the false letters of support to public attention was exactly in line with these principles.

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Bert Flood

Evidence was given to the Stag Brewery Public Inquiry on Thursday 7 November 2024 about flooding and drainage issues in the proposed development. John Ancock produced maps (see Documents Produced during Inquiry at INQ-21: https://gateleyhamer-pi.com/en-gb/stag-brewery/inquiry-documents/documents-during/ ) and expressed concern about whether the existing Thames Barrier (opened in 1982) would be adequate in the future. In his opinion there could currently be problems if the water level rose by 95 cm.

One has to note that Storm Bert produced a huge amount of rain, especially over the hills of southwest England and south Wales, 193mm of rain in Dartmoor, and 174mm near Bridgend. Tenbury Wells on the River Teme was flooded, with risk to life.

The developers are of course very confident that they have taken all necessary steps to ensure that their new site will not experience similar problems. They quoted the Environment Agency as confirming in two letters that they were satisfied with plans. Let us hope that complacency which appears to have been apparent in other parts of the country, does not visit itself on Mortlake.

The problem is not simply what might happen if there is a North Sea surge. In the current climate there is the possibility of excessive rainfall at the same time. The developers say that attenuation tanks, large underground containers that store excess water from storms and heavy rain, will provide protection. Their basement will not be threatened; the small amount of standing water among the tower blocks should run off.

What is less clear is how the river bank to the east and west of the development will be affected if there is simultaneous upstream and downstream high water. We have recently seen Mortlake High Street under water at times of high rainfall and the towpath flooded to the steps of the Ship.

The Inspector has been told that plans will be further discussed in the course of consideration of the s106 agreement, which provides for future work to be done to meet these needs. This area is currently scheduled for the end of next week.

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CPZs

Which part you might ask as this notice was on the Upper Richmond Road. From Shrewsbury Avenue to the bottom. It fits with the Council control campaign, but this one was started by an anonymous petitioner, which did not go down well with some!

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