Terminally Ill Adults (End of Life) Bill

Debate between Lord Thomas of Cwmgiedd and Lord Goodman of Wycombe

Committee stage
Friday 20th March 2026 Lords Chamber

[Lord Goodman of Wycombe (Con)]

Would the noble Baroness perhaps like to make it clear whether she believes that it is inappropriate for the sponsor of the Bill to reply to the question I have just put in Committee?

[Lord Thomas of Cwmgiedd (CB)]

My Lords, I hope I will be permitted to say something about Wales. I was going to make a much longer speech but my friend, the noble Baroness, Lady Smith of Llanfaes, made an excellent argument on the merits of the issues relating to Wales.

The short point to which I wish to draw attention is the issue in this case. Is it an issue about criminal law? This often arises in questions within a federal form of government, which in reality we have here: how do you characterise this issue? Does anyone really think this is about the criminal law? The criminal law is part of finding the solution, but it is a debate about a moral issue and how to use the resources of the NHS. The criminal law should not be seen as an impediment.

I would have said a lot more about other things but, being accused of wasting time, I will not make that speech. I just draw attention to the problem that arose in 2016-17. Wales wanted to pursue its own policy in relation to what is old-fashionedly known as the chastisement of children. Of course, the chastisement of children is governed by the criminal law. As Wales wanted to do it at a time when there was a Conservative Government in London and a Labour Government in Wales, there was an intergovernmental discussion on how this issue should sensibly be dealt with. It was decided that an exception ought to be written into the Government of Wales Act and the very complicated schedules, permitting Wales to make its own decision. So it was excised from the reservations of powers to Westminster.

All Amendment 844 seeks to do is to make a minor alteration to look at the issue for the people of Wales. Should they be entitled to deal with this issue comprehensively? I say nothing about what happened in the Senedd—enough has been said about that. I remind noble Lords that there will be a new Senedd after 7 May, before the Bill is dealt with, and a very different attitude may be taken. Having heard what has been said about the desire that the people of Wales should not be entitled to make their own decisions, I very much hope we are able to try to focus. What is the issue? Is it one that Wales ought to be able to make? If it is not, the simple solution is a technical one, which can easily be made through Amendment 844.