MPs deny Welsh Parliament veto on assisted dying in Wales

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 plans now, the Senedd will be able to pass regulations on assisted dying services in Wales – but so will the UK government.

MPs backed the bill in its entirety on Friday afternoon, 314 votes to 291 – a narrow majority of 23. A total of 24 Welsh MPs supported the changes, while six opposed them.

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.

Only one Welsh MP spoke, Stephen Kinnock, in his capacity as a government minister.

It will be up to peers in the House of Lords to continue parliament’s scrutiny of the bill.

The Senedd still faces a significant decision on whether to give consent to the legislation, in a vote expected in the autumn.

It will not be legally binding, but is supposed to be respected by the UK Parliament and could indicate whether the Welsh government is willing to pass its own regulations for how the system would work.

It is not clear what would happen in Wales if the Senedd did not come on board. The Senedd voted against a motion on a similar topic that failed to pass 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 Senedd motion.

The situation has arisen because while criminal justice is controlled by Westminster, health in Wales is handled in Cardiff Bay. The England and Wales legislation spans both topics.

The Commons voting record showed that 24 Welsh MPs supported the legislation, while six opposed it.

Supporters in Wales included Labour MPs Tonia Antoniazzi, Alex Barros-Curtis, Torsten Bell, Chris Bryant, Alex Davies-Jones, Chris Elmore and Catherine Fookes.

Labour’s Gill German, Becky Gittins, Claire Hughes, Gerald Jones, Stephen Kinnock and Anna McMorrin also voted in favour, along with Jessica Morden, Andrew Ranger, Jo Stevens and Nick Smith.

The party’s Mark Tami, Henry Tufnell and Steve Witherden voted for the bill, as did Lib Dem MP David Chadwick, and Plaid Cymru MPs Ben Lake, Llinos Medi and Liz Saville-Roberts.

Their party colleague Ann Davies was among those opposed, as were Labour’s Stephen Doughty, Chris Evans, Nia Griffith and Nick Thomas-Symonds.

Kanishka Narayan, who supported the bill at an earlier stage, opposed it on Friday.

The Labour MP for Vale of Glamorgan said on X the law would likely “result in too many making a misinformed or coerced choice of assisted death”.

Kinnock, who was the only Welsh MP who spoke in the third reading debate, spoke 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 has officially neutral on the legislation while giving its MPs a free vote. Sir Keir Starmer voted in favour.

Chadwick said in a statement he voted in favour of the assisted dying bill “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”.

Labour MP Kim Leadbeater, who has drawn up the assisted dying legislation, sought through amendments to remove commencement powers for the Senedd added by Liberal Democrat MP Sarah Olney at the earlier committee stage.

Her amendments on the Senedd’s powers passed 274 votes for, 224 against, with a majority of 50.

At a debate last week supporters of the amendments said the changes better reflect the fact that criminal law is not the Senedd’s responsibility.

Olney said the bill gave the UK parliament the power to impose the law on the Senedd, despite having rejected the idea.

Leadbeater’s bill would only allow those over the age of 18 and with less than six months to live to receive medical assistance to die.

According to the Commons voting record, more Welsh Labour MPs backed Leadbeater’s amendment that opposed it.

Supporters included senior figures Chris Bryant, Torsten Bell, Stephen Kinnock and Welsh Secretary Jo Stevens.

Liberal Democrat MP David Chadwick also voted for the amendment.

Those against included Welsh Labour MPs Stephen Doughty, Chris Evans and Nick Thomas-Symonds.

All four Plaid Cymru MPs, most of whom have otherwise supported the legislation, voted against.