Baroness Smith of Llanfaes Portrait Baroness Smith of Llanfaes (PC)
- View Speech - Hansard - -

My Lords, I begin by thanking the hundreds of people who have written to many of us about the Bill. Their letters, often deeply personal, deserve our attention and respect: diolch yn fawr iawn—thank you.

I have also listened carefully, last Friday and again today, to the many thoughtful contributions from noble Lords, each informed by personal and professional experiences. As this is a matter of conscience, I will share my own perspective. My view on the principle of the Bill has been shaped in part by my own experiences as a carer for my late father and by the experiences of my friend Claire O’Shea, who recently passed away at the age of 42.

Claire was initially misdiagnosed with IBS and was later diagnosed with terminal gynaecological cancer. In the face of her devastating diagnosis, she founded Claire’s Campaign, turning her own difficult experience into a campaign for change in Wales and building a platform to amplify the voices of women who had long gone unheard. Claire said last November:

“This Bill legislates for people with a terminal diagnosis and 6 months to live. Thankfully there aren’t many of us who are facing those circumstances imminently. So for those of us, who will face this reality sooner rather than later, this bill offers something really important. I have excellent palliative care; but it doesn’t address all of my needs and how I imagine a good death. It’s not just about pain management”.


For many people facing the end of life, simply having the choice, even if they never act on that choice, can bring immense comfort. For those reasons, I support the principle of the Bill.

Clear communication in healthcare is vital, especially when people face complex decisions. That is why I want to highlight the clause in the Bill, secured by my colleague in the other place, Liz Saville-Roberts, which requires that “all reasonable steps” be taken to ensure access to assisted dying services in the Welsh medium. Imagine discussing such sensitive matters with your GP and being unable to use your first language. Welsh speakers must be able to receive care yn eu mamiaith —in their mother tongue.

However, I must raise a serious concern: the constitutional implications of the Bill for Wales. While the criminal law remains reserved, health is not. The Bill, if passed, will have serious consequences on a completely devolved matter in Wales. Just less than a year ago, the Senedd debated assisted dying. The result was 19 in favour and 26 against. Those voting against included the First Minister and the Health Minister. So I ask this House: if the Bill proceeds at Westminster, are we comfortable asking a Welsh Government Minister who has voted against the principle of assisted dying to make the decision on whether to deliver this service within the NHS in Wales? Should the Senedd not have the first say on whether such a service should be introduced at all in Wales? It is the Senedd’s role to scrutinise the delivery of health services in Wales, and the Welsh Government’s budget would fund any new service.

In Committee in the other place, a provision was inserted to reflect the need for devolved consent. Regrettably, this was removed on Report. This is deeply problematic. There is a strong argument that the entirety of the Bill engages devolved responsibilities. Restoring a requirement for the Senedd’s consent makes sense, regardless of what your view is on the Bill’s principle.

As the Bill continues its passage through this House, I urge all noble Lords to reflect carefully on not only the moral weight of the matter before us but the constitutional responsibility we bear. We must respect the role of devolved Parliaments in matters that are clearly their responsibility.

Baroness Smith of Llanfaes Portrait Baroness Smith of Llanfaes (PC)
- View Speech - Hansard - -

My Lords, in the lead-up to today’s Second Reading, I was contacted by several people from Llanfaes, the community where I grew up, who expressed just how important the Bill is to them. One voice in particular stood out—Sylvia Evans’. Sylvia underwent a laryngectomy 26 years ago, after developing cancer of the voice box caused by smoking. At the time, her diagnosis was rare, but today she told me that three others in her local area have received the same operation. If current trends persist, around 350 new cancer cases caused by smoking are expected in Ynys Môn over the next five years. Across Wales, that figure could exceed 15,000 people. That is the reality of inaction.

Smoking remains the leading cause of cancer in the UK. According to Cancer Research UK, more than 40,000 cases have been attributed to smoking since the last general election alone. That is a staggering number, and it is preventable. The Bill offers a historic opportunity to protect future generations from the harms of smoking and sends a clear message: we can and must act now to break this cycle.

A Race for Life volunteer, Trefor Hughes-Morris, recently reached out to me regarding the Bill. He often asks the thousands of participants at his events to raise their hand if they or someone they know has been affected by cancer. He told me that every hand goes up. That is the scale of the challenge and the urgency.

Smoking rates do not fall on their own; they fall when the Government lead. The Bill represents the most significant opportunity in over a decade to prevent cancer before it starts. It secured cross-party support in the other place. Of course, there are concerns, including from Trading Standards Wales, about how realistic it is to believe that people born before January 2009 will be challenged about their age in the future when they are decades older, and about the lack of a strategy for dealing with the legislation’s impact on the illegal tobacco and vapes market. Indeed, this legislation must draw a clear distinction between legal and illegal vapes, which are already posing problems.

When used responsibly, as we have heard, legal vapes can be a powerful tool to help people quit smoking. According to Action on Smoking and Health, over half of those who quit smoking in the last five years used a vape to do so. ASH Wales actively encourages smokers to switch to vaping, based on

“the most up-to-date evidence”.

That said, we urgently need more research into the long-term effects of vaping to better inform regulation as the industry evolves. In the meantime, the lack of clear standards has allowed illegal and non-compliant products to proliferate. Some contain illegally high levels of nicotine or e-liquid, and even dangerous substances such as mercury and lead.

According to Trading Standards, already one in three disposable vapes sold is illegal. This matters because the bright colours and flashy branding of disposable vapes are attracting children and young people. In Wales, 24% of pupils in years 7 to 11 have vaped. Of those who vape regularly, 92% use products containing nicotine. Nearly half report being unable to get through a school day without vaping, impacting on their focus and education. Better regulation of the vape industry is not optional, it is essential.

In the Senedd, Plaid Cymru has long advocated a national mandatory register of all retailers selling tobacco and nicotine products in Wales. This would ensure that only compliant businesses operate and allow for enforcement action against those that break the rules. This proposal is backed by Public Health Wales’s youth vaping response group, which includes leading health charities, trading standards officials and medical professionals. We have also called for and supported Senedd legislation to ban the sale of disposable vapes, which will curb the rise in youth vaping and tackle their detrimental environmental impact.

In conclusion, I support effective, forward-looking legislation that protects people and encourages collaboration across all four nations of the UK. The biggest cause of cancer has no place in our future. While we will work through some concerns in Committee, I urge Members across your Lordships’ House to support the Bill.