Terminally Ill Adults (End of Life) Bill

Debate between Lord Deben and Lord Stevens of Birmingham

Committee stage
Friday 20th March 2026 Lords Chamber

[Lord Stevens of Birmingham (CB)]

I would be interested to come back to that on Report when we have had a chance to investigate that point further.

Fundamentally, this shows that there is a great problem, a structural problem, in trying to do these types of big social changes through Private Members’ Bills, be they in Scotland or England. The reason for that is that it requires concurrent action by the Governments of both nations. We have seen time and again that when these sorts of questions have arisen and we have posed these questions, we have been told by the Front Bench, for reasons we all understand, that amendments to try to deal with these problems pose workability concerns. Then we ask, “How would you address those workability concerns?” and answer comes there none, because the Government are officially neutral on the question. Dealing with these sorts of questions cannot be left to Private Members’ Bills when you cannot get to the bottom of the workability concerns or deal with the fact that, in order for the narrowly drawn legislation to work, there are a whole set of other things that have to be in place that only the Government can provide.

I conclude on that point by noting that this past week we have seen a report from the House of Commons Public Accounts Committee, once again on hospice and palliative care. It says:

“There is an urgent need for reform to address the financial challenges that the independent adult hospice sector faces … The Department’s solution—the Modern Service Framework—is in the early stages of development, details are sketchy, and it is at least a year from being introduced. This is not good enough when so many hospices are announcing service cuts”.


The idea that we should legislate when that is the context right now seems to me utterly ridiculous.

[Lord Deben (Con)]

My Lords, as a Welsh-speaking Welshman, who has, in this House, consistently supported Plaid’s perfectly right demand that there should be fairer funding for Wales—I am not a Plaid supporter, but I support that aspect—I hope that the House will have listened carefully to the fundamental comments made by the noble Baroness, Lady Smith. If the Bill is passed, the Welsh Government will have to make arrangements for its implementation in Wales. In Wales, the provision of palliative care is not as good as it ought to be—this is widely understood. Yet we would be imposing on the Welsh Government the necessity to make particular decisions about health in Wales, when they have no powers to make those decisions for themselves.

That is a very simple issue, and I recognise the problems stated by the noble and learned Lord. But the truth is that we have an underfunded Welsh Government who spend half their money on health and know that there are real gaps in the provision. Last week, the noble Baroness, Lady Murphy, told us that assisted suicide was part of palliative care. That, of course, has solved the case—we now know that it is just part of palliative care. But those of us who do not think that it is part of palliative care recognise that, in Wales, the issue is sharper than anywhere else because of the lack of funding, which is about the misuse of the way that funding from the centre is put out.

I beg this House to take very seriously what the noble Baroness, Lady Smith, has said. If we were to ignore the amendments we are talking about here, we would be saying to the Welsh, “You just stuff it because we are going to decide”. We have had that issue before on abortion in Northern Ireland: they decided what they thought and we chose a moment when we had the power to decide they could stuff it. I believe in devolution, and I do not believe that this House should tell the Welsh people to stuff it; we should let them make their own decisions.

Finally, I will turn to what the noble Lord said. I know perfectly well—