The House Article | Wales must not be railroaded into accepting the assisted dying bill

3 min read7 min

This week, we will see the Welsh Senedd vote on the Legislative Consent Motion for the Assisted Dying Bill. It is a bill that changes the criminal law but predominantly focuses on establishing a system for doctors to provide lethal substances to terminally ill patients as a matter of healthcare, changing the relationship between patients, doctors and the NHS.

This means a vote on something that would normally be under the Welsh government’s control, and which has been under Welsh control for almost three decades.

Under a Labour government, I never thought I’d see Wales being railroaded into such a profound change without the consent of the Senedd. A change like this would never happen for a government policy, so why should we let it happen by stealth through a Private Members’ Bill?

The Senedd has already voted against the principle of assisted dying (19 in favour, 26 against) once. Yet the Bill was introduced, extending measures to Wales. Amendments to give Welsh ministers a genuine choice on whether to implement an assisted dying service were stripped out; as it stands, the criminal law will be repealed, leaving Wales in legal limbo, and putting pressure on Wales to catch up with England.

These concerns are particularly acute for me as a Welsh MP and as Chair of the Welsh Affairs Select Committee. No matter what one feels about the principle, Wales, devolution, and the opinion of the Senedd cannot be disregarded just because it is convenient for Westminster’s Private Members’ Bill process.

As both the Senedd’s Legislation, Justice and Constitution Committee and Health and Social Care Committee have pointed out, there are serious concerns about the practical readiness of the Welsh NHS, including the risk of diverting funding from palliative and end-of-life care, workforce shortages, training demands, and the availability of Welsh-language provision. A decision in this area has significant ramifications for the delivery of broader health and social care policy.

What message have we sent the Welsh people, Welsh voters, ahead of the Senedd elections in May? We cannot send a message that we simply don’t care what they think, that their opinion doesn’t matter, and that it will be imposed on them anyway.

Devolution matters. The voice of Wales matters. 

If Welsh members exercise their right and vote against this week, Westminster must listen – it cannot be right that they are forced to implement a policy that they do not agree with.

To railroad the NHS in Wales into delivering a service that Wales doesn’t believe in would be against everything that we stand for.

When we look at other jurisdictions that have approved similar legislation, many have found themselves on a slippery slope when it comes to scope. A badly-drafted law being imposed on a devolved nation in this way isn’t right, particularly given that it is a Private Members’ Bill that has been brought forward with the bare minimum of scrutiny or preparation. 

Normally, a government bill would include significant preparatory work, pre-legislative scrutiny, impact assessments, and indeed consideration as to the impact on the devolved nations, and careful intergovernmental work. This Bill hasn’t had that, and we run the real risk of putting in place an unworkable and unsafe law that will be damaging to some of the most vulnerable people in our society. 

Wales deserves better than being railroaded into a life-or-death policy change that it has voted against. 

Ruth Jones is Labour MP for Newport West and Islwyn