David Deans
Political reporter, BBC Wales News
BBC
Kim Leadbeater is using a private members bill to try to legalise assisted dying for terminally ill people
The Senedd has lost a potential veto over whether assisted dying will be legal in Wales after a vote of MPs.
The Commons reversed a change made to the bill at an earlier stage which would have given Members of the Senedd (MSs) the power to decide when the law comes into force.
Under the law as amended, the Senedd will be able to pass regulations on assisted dying services in Wales – but so will the UK government.
Following the changes MPs backed the bill in its entirety on Friday, 314 votes to 291, including 24 Welsh MPs supporting the changes with six opposed.
The Senedd still faces a significant decision on whether to give consent to the legislation, in a vote expected in the autumn.
It is not clear yet what would happen in Wales if the Senedd does not agree with the bill, and whether the UK government would step in to allow terminally ill people to seek an assisted death if the Welsh NHS does not get involved.
A Labour MS said it would not be acceptable to the public if the Senedd still tried to block the law – an earlier attempt to get the Welsh Parliament to support assisted dying failed to pass.
The bill now continues its path through Parliament, moving to the House of Lords.
MPs were allowed to vote in accordance with their views, rather than on party lines.
The emotionally charged debate saw MPs raise personal experiences of seeing friends and relatives die.
Plaid Cymru’s Westminster leader Liz Saville Roberts said she was disappointed that no Welsh MP was called to speak in the debate, while Scottish and Northern Irish MPs were, despite the bill not applying to the countries.
How did Welsh MPs vote on the bill?
The Commons voting record showed supporters in Wales included Labour MPs Tonia Antoniazzi, Alex Barros-Curtis, Torsten Bell, Chris Bryant, Alex Davies-Jones, Chris Elmore and Catherine Fookes.
Lib Dem MP David Chadwick and Plaid Cymru MPs Ben Lake, Llinos Medi and Liz Saville Roberts were also in support.
Plaid’s Ann Davies was among those opposed, as were Labour’s Stephen Doughty, Chris Evans, Nia Griffith and Nick Thomas-Symonds.
Labour’s Kanishka Narayan, who supported the bill at an earlier stage, opposed it on Friday and said on X the law would likely “result in too many making a misinformed or coerced choice of assisted death”.
Stephen Kinnock was the only Welsh MP who took part in the third reading debate, although he was called to speak in his capacity as a government minister.
He said: “Should it be the will of Parliament for this legislation to pass, then the government will ensure the safe and effective implementation of this service.”
The UK government Is officially neutral on the legislation while giving its MPs a free vote. Sir Keir Starmer voted in favour.
Chadwick said he voted in favour “because I believe people with terminal illnesses deserve the right to die with dignity and control and that the legislation has the necessary safeguards to do this in a safe way”.
Saville Roberts said she was pleased the bill had passed third reading, but added: “Scottish and Northern Irish MPs were given the opportunity to contribute, despite the bill not extending to those jurisdictions.”
A spokeswoman for the speaker said the debate was “oversubscribed”.
“No MP representing a Welsh constituency was called today, either because they did not put in to speak in the debate in the first place, they withdrew from the speaking list during the course of the debate, or had previously spoken at every previous stage of the bill, and the debate ended before they could be called,” she added.
BBC Wales has been told the speaker Lindsay Hoyle may not have not called Saville Roberts to speak as she had already spoken at previous stages in the Commons.
Senedd changes
The debate on the bill’s third reading in the Commons followed voting on the remaining amendments on the law.
Labour MP Kim Leadbeater, who had drawn up the assisted dying legislation, sought to remove commencement powers for the Senedd, which had been added by Liberal Democrat MP Sarah Olney at an earlier stage.
The amendments passed 274 votes for, 224 against.
At a debate last week supporters of the changes said they better reflect the fact that criminal law is not the Senedd’s responsibility.
Cardiff West MP Barros-Curtis said changes would “fully respect the devolution settlement by ensuring that Welsh ministers have all necessary powers on devolved aspects of the bill – health – while retaining the powers of UK ministers over aspects that are not devolved”.
Fookes, Labour MP for Monmouth, argued that some MPs “seem confused about what is and is not devolved”.
Olney argued the bill gave the UK parliament the power to impose the law on the Senedd, despite October’s vote on the topic.
According to the Commons voting record, more Welsh Labour MPs backed Leadbeater’s amendment than opposed it.
Supporters included senior figures Bryant, Bell, Kinnock and Welsh Secretary Jo Stevens. Liberal Democrat MP Chadwick also voted for the amendment.
Those against included Welsh Labour MPs Doughty, Evans and Thomas-Symonds.
All four Plaid Cymru MPs, most of whom have otherwise supported the legislation, voted against.
Saville Roberts said: “Health is devolved, and I firmly believe that the Senedd must take responsibility for the services available to people at the end of their lives.
“I am concerned that we could face a situation where assisted dying is permitted only through the private sector in Wales.”
What happens on assisted dying next in Wales?
The Senedd is expected to hold a vote this autumn on whether it gives its consent for the legislation to apply in devolved areas.
It will not be legally binding, but is supposed to be respected by the UK Parliament.
While criminal justice is controlled by Westminster, health in Wales is handled in Cardiff Bay. The England and Wales legislation spans both topics.
Under something known as the Sewel Convention, Westminster should only make law in devolved areas with the agreement of MSs.
But because its only a political convention, Parliament can legislate even without the Senedd’s consent.
What happens to the motion could also indicate whether the Welsh government is willing to pass its own regulations for how the system would work, and how involved the Welsh NHS will be.
The Senedd voted against a motion on a similar topic last October, albeit with a number of abstentions.
Health Secretary Jeremy Miles has expressed opposition to the legislation, and First Minister Eluned Morgan voted against the earlier motion.
Labour’s Blaenau Gwent MS Alun Davies supports the legislation and says the Senedd should not try to block or delay it applying in Wales.
“I just don’t think it would acceptable to the public if it were passed by Westminster and then blocked by the Senedd,” he said.
“But the amendment passed this morning denying the Senedd a fair say on health matters is also pretty unacceptable, and it just goes to show that the current settlement is not fit for purpose.”