Terminally Ill Adults (End of Life) Bill

Liz Saville Roberts Excerpts

Friday 13th June 2025 Commons Chamber

[Catherine Fookes (Monmouthshire) (Lab)]

I rise to support new clauses 20 and 21, and amendments 70, 71 and 92 to 95. They are all about the right people having the right powers at the right time, and they respect the devolution settlement for Wales. I am mindful of time, and therefore I am sorry but I will not take interventions. I am extremely grateful to my hon. Friend the Member for Spen Valley (Kim Leadbeater) for engaging so meaningfully and strongly with the Welsh Government, including going to Cardiff to speak with Welsh Health Ministers and officials, to ensure that they are continually consulted during this process.

New clause 20 ensures that the Secretary of State, not the chief medical officer, is responsible for issuing guidance on the operation of the Bill. It enhances oversight and accountability by placing that responsibility with the Secretary of State, so that scrutiny and accountability regarding how the Bill will be implemented in practice is put in the right place. It is normal practice that officials whose roles and responsibilities may alter over time are not named in primary legislation. It is, however, important to note that the chief medical officer is not being cut out of the process, because the chief medical officers for England and Wales must be consulted. The new clause also allows persons with learning disabilities and other protected characteristics, as well as providers of palliative care services, to contribute to the process of provisioning guidance. It is a simple but important measure that ensures the right level of ministerial oversight, and I urge colleagues to support it.

As my hon. Friend the Member for Cardiff West (Mr Barros-Curtis) has explained, it is important to urge Members to support new clause 21, because it ensures that people in Wales are able to access the assisted dying process in the Welsh language if that is their preference. Almost 30% of the population in Wales speak Welsh, and it is so important that they can access this service in their language should they wish to do so. It is a small change, but it will make a huge difference to patients, families and clinicians in Wales.

Amendments 70 and 71 simply refine provisions around the use of interpreters, requiring the Secretary of State to publish a code of practice on the matter. Interpreters are essential to ensure fair and equal access to the assisted dying process for those whose first language is not English or Welsh.

Amendments 92 and 93 provide greater detail on the Welsh Government’s responsibilities in delivering assisted dying services in Wales. Some hon. Members seem confused about what is and is not devolved, but as a Welsh MP, I wholeheartedly support the amendments, which 100% respect devolution. They ensure that Welsh Ministers have all the powers they need regarding the devolved aspects of the Bill and the health provisions, while retaining the powers of UK Ministers over those aspects that are not devolved, such as criminal justice provisions and, crucially, changes to the Suicide Act 1961.

Amendments 94 and 95 clarify how and when provisions relating to voluntary assisted dying will come into force in Wales. They do not impinge on the devolution settlement, but simply provide clarity and legal certainty. All the amendments would help my constituent, Noah, a 19-year-old with a terminal brain tumour who knows what he wants if his pain becomes unbearable. The Bill is about giving people like Noah the choice, control and compassion that they deserve at the end of life. Who are we to deny that choice?

I pay tribute once again to my hon. Friend the Member for Spen Valley for working closely with officials in both Wales and this place to craft what could be the strongest and most safeguarded assisted dying legislation anywhere in the world. It is a Bill designed to protect everyone, including my constituents in Monmouthshire and people across Wales. Thanks to the careful, considered amendments, including the ones that I have spoken about today, the Bill not only respects the devolution settlement but ensures that the right people hold the right powers at the right time to deliver this law safely. I urge Members to join me in the Aye Lobby to legislate to protect the rights of the terminally ill in their final months—to legislate for compassion, for choice and for dignity.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Diolch yn fawr iawn, Dirprwy Lefarydd. I rise to speak to amendments 39 to 41, which stand in my name; clause 47, on the provision of information in Welsh and English; and new clause 21, which was tabled by the hon. Member for Spen Valley (Kim Leadbeater). Others have touched on the Welsh language, and I will touch on the settlement in Wales as well.

In relation to the Welsh language, we are talking about something that is quite conventional: forms and guidance should be available in written Welsh. However, of much more significance is the opportunity for people to use Welsh—it may well be their first language—in dealing with the provisions in this Bill. My amendments would ensure that “all reasonable steps” are taken to find a co-ordinating doctor and an independent doctor who can question people in Welsh where necessary. I would dearly like it to be more than “all reasonable steps”, but the reality is that we have to deal with the staff who are available and the language skills that they have.

I thank the hon. Member for Spen Valley for tabling new clause 21. It recognises that it is really important for a Welsh-speaking individual to be able to communicate in the language in which they can best express themselves when it comes to the assisting dying review panel, because that is the final stage at which we will recognise whether there are questions of coercion and capacity. I welcome the fact that there are different clinical specialists on the panel; I believe that having an expert psychiatrist and a social worker will help to identify potential questions of coercion and capacity, because they will have different approaches to those questions.

I must step back to the reality of how Welsh language speakers can use Welsh in the justice system, which is where the assisted dying review panel comes in. In the justice system, an individual has the right to speak Welsh. If they use Welsh in a court, an interpreter will be used to interpret their words to the people to whom they are speaking. That is not acceptable in this context. This is the most serious and most desperately difficult conversation that people will have, and they must be able not just to speak Welsh, but to be heard in their own language, if all the subtleties and what they really want to express are to be heard. I will not press my amendments 39 to 41, and will support new clause 21 wholeheartedly.

I turn to the Senedd powers, particularly those in clause 54. I welcome new clause 20, which provides clarity on the responsibility of Ministers in the Welsh Government and the UK Government, but there are two issues here: the clarity of powers, and respect across legislatures. I have concerns about amendments 94 and 95, tabled by the hon. Member for Spen Valley, which would amend the amendments moved by the hon. Member for Richmond Park (Sarah Olney) in Committee. What did those amendments do? They ensured a vote in the Senedd to decide when the Bill will come into force in its entirety in Wales.

The Scottish Parliament passed stage two of the Assisted Dying for Terminally Ill Adults (Scotland) Bill on 13 May. Such a Bill could not be brought forward in Wales, because Wales has no powers over criminal law. The Bill that we are discussing today could not be brought forward in Wales. Although I appreciate what the hon. Members for Cardiff West (Mr Barros-Curtis) and for Monmouthshire (Catherine Fookes) said about the devolution settlement, and I am glad that we have clarity, there is also a question of respect for decisions already made in the Senedd. As things stand, what does the Senedd have to do? It will be required to pass a legislative consent motion, as required by the Sewel convention, but that can be ignored by the UK Parliament. This legislation effects action in Wales, but the Sewel convention can be overridden, as can an LCM.

The second thing that can happen in the Senedd—and this will be expected—is in those areas that are within the power of the Senedd. On commencement, a decision is required on the provisions of the Bill that have devolved competencies: specifically, the NHS in Wales. Bear in mind that if that consent is refused in Wales, the Bill, if enacted, can be brought in only in the private sector. That decision lies with the Senedd.