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Assisted dying likely to need Welsh vote, say Labor MPs
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Assisted dying likely to need Welsh vote, say Labor MPs

Getty Images A woman with tubes coming out of her nose lies on a bed and holds a child's hand. Their faces are not visible.Getty Images

Plans to legalize assisted dying should require a vote by politicians in the Welsh Parliament before they become law, two Labor leaders have told BBC Wales.

On Tuesday, Labor MP Kim Leadbeater published proposals to make it legal for terminally ill over-18s to be assisted to end their own lives.

Former Welsh Government legal adviser Mick Antoniw and former minister Julie Morgan said they expected there would need to be a vote on whether the Senedd gives its consent to the legislation.

The Senedd and some ministers rejected the broader principle of assisted dying in Octoberafter a debate by Morgan.

Antoniw, who also supports the legislation, said he expects a “totally different debate” if the issue comes up again.

The vote, which has not yet been confirmed as taking place, would not be legally binding but would be politically difficult for Labor MPs to ignore.

The Welsh government declined to comment on whether a vote was needed on Tuesday, but said it was in “regular contact” with the UK government to understand the implications of the bill.

The Cardiff Bay Senedd, which is also known as the Welsh Parliament, has power over how health services in Wales are run, but not criminal law.

Leadbeater’s bill covers England and Wales – and includes provisions for doctors, the Welsh Government and the Chief Medical Officer for Wales.

It would take two independent doctors – and a judge – to verify that the person meets the criteria to take their own life.

Leadbeater says it will provide the strictest guarantees anywhere in the world.

Opponents have expressed concern that people may feel pressured to end their own lives.

What could happen?

The UK Parliament is not prohibited from making laws over which the Senedd normally has powers, but the Senedd is usually asked to give its consent if this happens.

It does this in a process called a legislative consent motion (LCM) – basically a vote to determine whether members of the Senedd (SM) agree that the UK Parliament can go ahead.

After last month’s vote, it leaves open the possibility that the Senedd will reject Leadbeater’s bill even if it passes the Commons.

It is currently unclear what would happen to the law if that were to happen and whether it would need to be rewritten.

That’s because the LCM system isn’t actually legally binding and has been ignored by UK Tory governments in the past.

Westminster Labour, however, stands by the principle of the Senedd giving its consent to MPs’ legislation in devolved areas, after promising to strengthen it at the last general election.

An initial debate and vote will take place in the Commons on November 29, but the BBC has been told a vote in the Senedd will take place later.

The Welsh Government said the LCM process would not be “engaged” until after the first stage of amending the Bill in the Commons.

“More Confidence”

Julie Morgan’s motion calling for a new law to allow assisted dying was defeated in October by 26 to 19 – with nine abstentions.

It was not binding on the Welsh Government and ministers were among those who voted against, including First Minister Eluned Morgan and Health Secretary Jeremy Miles.

Miles indicated in the debate that a new vote would likely be needed and said the law would have “long-lasting implications” for the health service.

MS Cardiff North Labor said it expected there would be an LCM and said the Westminster bill was different to the motion debated in the Senedd, which was much broader and included “incurable disease causing unbearable suffering” which is not included in the law proposed by Leadbeater. .

“Obviously when the motion was defeated, it was on a slightly different motion.

“There was a lot of concern about a slippery slope. Kim Leadbeater’s bill addresses this very specifically. That might give some people more confidence.”

She said it was unclear what would happen if an LCM was rejected and how the Commons vote would go.

“I think it’s essential to have a free vote,” she said of the possible Senedd vote. “I’m sure it will happen again.”

Reuters Kim Leadbeater stood in front of green trees wearing a black top and talking to a camera.Reuters

Kim Leadbeater says the bill would have the strictest safeguards on assisted dying in the world.

Former Welsh Government general counsel Mick Antoniw told BBC Wales: “It certainly seems that, as this will have an impact on how devolved services could be delivered in the future, it is a matter that will go back to the Senedd.” .

The Labor member for Pontypridd in the Senedd (MS) argued that the Bill provided a “very restrictive interpretation of the circumstances in which assisted dying could take place”.

He said it was a “totally different debate” to the October motion and argued that Senedd members would have an opportunity to influence Leadbeater’s bill.

“That would be (if), if the legislation goes ahead, how it would impact devolved functions.”

The former general counsel said he would be surprised if Labor did not give MPs a free vote.

A Senedd opponent of assisted dying legislation, Conservative Darren Millar, said: “The reality is that no matter how well intentioned and no matter what safeguards people try to put in place, changing the law in this area will to a pressure on some people. , whether real or perceived, to end their lives prematurely.

“Instead of facilitating premature deaths, UK governments should focus on tackling inconsistent access to effective palliative care, which makes a real difference to the quality of life of people facing the end of life.”

A Welsh Government spokesman said: “We are in regular contact with the UK Government regarding the Private Members Assisted Dying Bill to understand and plan for any implications for Wales.”