Senedd to Decide on UK Assisted Dying Legislation
This week, Senedd politicians will decide whether to approve the Westminster bill on assisted dying.
Health Secretary for Wales, Jeremy Miles, has indicated that private organizations outside the NHS might be able to provide assisted dying services in Wales even if the Senedd rejects the legislation.
On Tuesday, Members of the Senedd will vote on whether to approve the UK bill allowing some adults with terminal illness to end their lives.
Members do not have the right to reject the bill outright or make it illegal in Wales. Their only authority is to decide whether Welsh Government ministers should have the power to set regulations for assisted dying services in Wales.
If the Senedd rejects the legislation, assisted dying services might only be available privately to patients in Wales, not through the NHS.
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The Senedd previously rejected assisted dying as a principle in an October 2024 vote, with nine politicians abstaining.
The legislation is a UK Senedd bill, but since it would amend laws typically devolved to Cardiff Bay, the Senedd was asked to debate and approve it.
The bill is currently under discussion in the House of Lords, where several amendments are being considered. Supporters of the bill are concerned it may not receive approval.
Jeremy Miles’s comments followed a Senedd legislation committee’s request for the Welsh Government to explain the practical implications of the vote, after warnings that many Members were not fully aware of what might be at stake.
"If the Senedd rejects the legislation, Westminster could proceed regardless, requiring the Welsh Government to operate within a framework not approved by the Senedd," said Jeremy Miles to the committee.
However, the Senedd could choose to remove parts of the law relevant to devolved Welsh institutions.
Jeremy Miles voted against supporting the assisted dying bill in the Senedd in October 2024.
BBC Cymru has learned that supporters of the bill have promised to delete those sections in the House of Lords if the Senedd does not approve them.
"This could result in ministers in Wales not being given powers to regulate assisted dying under this law," Miles told the committee.
"Independent service providers outside the NHS could still be established in Wales due to changes in criminal law following the initiation of other provisions in the bill," he added.
Miles stated that the final outcome would depend "on decisions made by the UK Parliament and therefore there is no certainty at this time."
He explained that the next Welsh Government would decide exactly what "assisted dying services in Wales" would entail.
Rather than approving the entire bill, the Senedd was asked to approve sections that the Welsh Government says relate to matters usually governed by the Senedd, such as regulations Welsh ministers can set.
Uncertainty
Jeremy Miles and Welsh First Minister Eluned Morgan were among those who opposed the bill last time.
One supporter of the legislation, Cardiff North Labour MS Julie Morgan, expressed concern that people with terminal illness but less financial means might not access assisted dying services.
"It could be a very unequal situation if people in England have access to the service but, in Wales, only those wealthy enough to pay could access something like this," said Julie Morgan.
James Evans MS believes the Senedd should delay the vote until the House of Lords has finished debating the bill.
"I think the vote is happening too early because Members of the Senedd do not know exactly what is in the bill and some MSs might vote against it," said James Evans of the Reform Party.
"I believe many people could be influenced by the uncertainty, and it is unclear how to vote," he added.
"There is still a risk that this bill will not be exactly as we expect.
"It is a mess how the government has handled this.
"I know the government wants guidance from the Senedd, but unfortunately this is one of the few times we've been asked to vote on something without knowing the real outcome from Westminster."
He also expressed concern about the "inequality" where assisted dying could be legal and free in England but not in Wales.
In response, a Welsh Government spokesperson said:
"February 24 is an appropriate time to hold a substantial debate on the Legislative Consent Motion and to record the Senedd's position.
"This coincides with scrutiny taking place in the House of Lords and ensures Members can consider what has been noted in the motion."
Vote Scheduled for Tuesday
A vote on approving assisted dying in the Senedd is set for Tuesday.
A Welsh Government member said the motion is being presented on February 24 because it is the best time to ensure the Senedd's view is recorded while the House of Lords continues to consider it.
If consent is given, another vote will be needed after the May election to agree on how assisted dying services would operate.
It is currently unclear how the service would be provided in Wales or who would deliver it.
If passed, Westminster legislation would legalize assisted dying in both countries regardless of the Senedd's decision, since changes to suicide law are not devolved.
Wales' constitution means that although the Senedd is responsible for health care legislation, UK politicians can still pass laws on the subject.
If that happens, the Senedd must agree to a legislative consent motion.
While not law, Westminster cannot legislate on matters related to the Senedd without its approval.
