Assisted Dying Bill: A Rocky Road Ahead

The assisted dying bill is encountering significant hurdles on its path to becoming law this year. Lord Falconer, a prominent advocate, has cautioned that without a substantial change in the House of Lords' position, the bill's prospects are dim. He even proposed leveraging the Parliament Act, a seldom-used power, to circumvent the Lords if the bill isn't approved before the King's Speech in May. This strategy could ignite a major constitutional debate.

Opposition and Concerns

Critics contend that the bill is unsafe, particularly for vulnerable individuals, and requires substantial revisions. A government source revealed that many ministers doubt the bill will pass the Lords and hope for a compromise. They suggested establishing a Royal Commission to examine the practical issues raised by the bill.

The Parliament Act

Lord Falconer argues that the Parliament Act is a standard part of the constitution and that the Lords should not obstruct a bill already endorsed by elected MPs. Typically, Private Members' Bills, proposed by backbench MPs, fail if they aren't passed by both the Commons and the Lords in one parliamentary session.

The Parliament Act allows a bill passed by the Commons but rejected by the Lords to return in a new parliamentary session. If the Commons passes an identical bill a second time, the Lords cannot block it again, and the bill becomes law without their approval. However, someone must be willing to propose the exact same bill, and they must be high up in the ballot of MPs eligible to introduce a Private Members' Bill.

Challenges and Amendments

Lord Falconer acknowledged that the bill's passage is highly challenging but not impossible if the Lords alter their stance. He has not observed any signs of this happening yet. He emphasized that the Commons, as elected representatives, should decide on such issues, and the Parliament Act is the constitutional solution if they are obstructed by a small number of peers.

To address concerns, Lord Falconer has proposed amendments, such as excluding individuals with eating disorders from eligibility for assisted dying and tightening restrictions on advertising for the service. He urged peers to support these changes, asserting it is their responsibility to find a way forward.

Criticism from Opponents

Opponents view the threat of using the Parliament Act as a bully tactic by someone who knows they are losing the argument. They believe it would force a flawed bill into law without any ability to amend it.