Proponents of assisted dying legislation could potentially employ a rare parliamentary mechanism to circumvent opposition within the House of Lords, aiming to secure the bill's passage onto the statute books. Sponsors of the proposed law believe the Parliament Act could be invoked to override objections from peers if the draft legislation fails to gain approval before the King's Speech scheduled for May.
Legislative Scrutiny and Time Pressure
The Terminally Ill Adults (End of Life) Bill is currently undergoing detailed examination in the upper chamber, following its successful vote of support in the House of Commons last year. With time running short, supporters of the legislative change have accused certain opponents in the Lords of employing filibustering tactics, as more than one thousand amendments have been tabled—a record number for a private member's bill.
Critics of the legislation maintain they are simply fulfilling their parliamentary duties, arguing that the bill in its present form lacks sufficient safeguards and requires strengthening to ensure it is safe and effective.
Sponsor's Warning and Procedural Options
Former justice secretary Lord Charlie Falconer, who is sponsoring the bill in the upper chamber, issued a clear warning on Thursday. "If opponents think this issue will just go away if it's talked out in the Lords then they are wrong," he stated.
Lord Falconer explained, "Together with Kim Leadbeater MP, who introduced the Bill in the Commons, I have sought advice on the possible ways forward and it is clear to me that, while we would strongly urge the Lords to come to a conclusion while there is still time, the Parliament Act is an option."
Supporters have expressed confidence that the Parliament Act would be applicable if the bill were to be taken through parliamentary processes a second time. This legislation enables bills that have received backing from the Commons in two successive sessions, but have been rejected by peers, to pass into law without requiring approval from the House of Lords.
Historical Precedents and Opposition Concerns
Advocates for the assisted dying legislation point to historical precedents where the Parliament Act has been utilised concerning so-called "conscience issues." Only seven bills have been passed using the powers under section 2 of the law, including the notable Hunting Act of 2004.
However, a source close to Labour MPs and peers who oppose the bill described threats to use what they termed the "nuclear option" to force its passage as "the act of a bully who knows they are losing the argument on the substance."
The source argued that the bill remains "dangerously flawed" and would "hurt vulnerable people." They elaborated, "Nearly all the professional and expert groups consulted on this have raised massive concerns about danger it poses to vulnerable people, none will say it is safe. MPs who passed this Bill in the Commons knew this, with many asking the Lords to fix the problems."
"People need to be very clear, using the Parliament Act to force this through would mean that none of the known issues with the Bill would be fixed," the source continued. "Every MP who voted to force it though would bear responsibility for the inevitable suffering and deaths of vulnerable people."
The debate continues as parliamentary procedures unfold, with significant implications for end-of-life legislation in the United Kingdom.
