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

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

Plans to legalize assisted dying will likely require a vote by politicians in the Welsh Parliament before becoming law, two senior Labor backbenchers have told BBC Wales.

On Tuesday, Labor MP Kim Leadbeater published proposals to legalize helping terminally ill people over 18 to end their lives.

Former Welsh Government legal adviser Mick Antoniw and ex-minister Julie Morgan said they expected there to be a vote on whether the Senedd agrees to the legislation.

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

Antoniw, who also supports the bill, said he expected a “totally different debate” if the case came up again.

The vote would not be legally binding but would be politically difficult for Labor MPs to ignore.

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

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

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

Two independent doctors – and a judge – would need to verify whether the person meets the criteria to commit suicide.

Leadbeater claims it will guarantee the strictest guarantees anywhere in the world.

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

What could happen?

The UK Parliament is not prohibited from passing laws over which the Senedd normally has powers, but the Senedd is usually asked to agree if this occurs.

It does this through a process called a legislative consent motion (LCM) – essentially a vote on whether members of the Senedd (MS) agree that the UK Parliament can move forward.

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

It is not yet clear what would happen to the law if this happened, or whether it would need to be rewritten.

Indeed, the LCM system is not actually legally binding and has been ignored by British Conservative governments in the past.

Westminster Labor, however, supports the principle of the Senedd agreeing to MPs’ legislation in the devolved areas, having promised to strengthen it at the last general election.

A first debate and vote will take place in the Commons on November 29, but the BBC has learned that a vote in the Senedd will take place later.

The Welsh Government said the LCM process would only be “committed” after the first stage of amending the bill in the Commons.

“More confidence”

Julie Morgan’s motion calling for a new law authorizing assisted dying was rejected in October by 26 votes against, 19 in favor and nine abstentions.

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

Miles indicated during the debate that a new vote would likely be necessary and said the law would have “long-term implications” for the health department.

Cardiff North’s MS Labor said she expected there to be an MCL and said the Westminster law was different from the motion debated in the Senedd which was much broader and included “an incurable disease , causing unbearable suffering” which is not included in Leadbeater’s proposed law. .

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

“There were a lot of concerns about a slippery slope. Kim Leadbeater’s bill addresses that very specifically. It might give some people more confidence.”

She said it was not clear what would happen if an MCL was rejected, or how the vote in the Commons would take place.

“I think it is essential that there is a free vote,” she said of a possible Senedd vote. “I’m sure it will happen again.”

Reuters Kim Leadbeater stood in front of green trees, wearing a black top and speaking into a camera.Reuters

Kim Leadbeater says her bill would include the world’s strongest safeguards for medical assistance in dying.

Former Welsh Government general councilor Mick Antoniw told BBC Wales: “It certainly seems likely that, given that this will have an impact on the way in which devolved services might be delivered in the future, it is a question that will come back to the Senedd.”

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

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

“It would be a question of whether, if legislation is passed, what impact it would have on devolved functions.”

The former attorney general said he would be surprised if Labor did not give backbenchers the right to vote.

A Senedd opponent of assisted dying legislation, Conservative Darren Millar, said: “The reality is that whatever good intentions and whatever safeguards people try to put in place, change the law in this area will cause some people to feel pressured. , whether real or perceived, to end their lives prematurely.

“Instead of facilitating premature deaths, UK governments should focus on unequal access to effective palliative care that makes a real difference to the quality of life of those at the end of their lives.”

A Welsh Government spokesperson said: “We are in regular contact with the UK Government regarding the Assisted Dying Private Bill to understand and plan for the full implications for Wales. »