Terminally Ill Adults (End of Life) Bill

Paula Barker Excerpts

Friday 13th June 2025 Commons Chamber

[Sarah Olney]

I welcome that intervention. I spoke extensively about the Bill’s impact on anorexic people, and I am not satisfied that those concerns have been addressed.

I am pleased to support amendment 21 tabled by my good friend, colleague and constituency neighbour, my hon. Friend the Member for Twickenham (Munira Wilson), which has attracted support from across the House. It would require the Secretary of State to report on the impact that the Act has had on the healthcare available to those with palliative and end-of-life care needs. I am really pleased that the hon. Member for Spen Valley (Kim Leadbeater) has agreed to accept the amendment.

I am also pleased to support amendments 103 and 104 in the name of my other constituency neighbour, my hon. Friend the Member for Wimbledon (Mr Kohler). They seek to make all statutory instruments made under the Act subject to the affirmative procedure rather than the negative procedure. As it stands, the Act will come into force in four years’ time with no further scrutiny by MPs, yet a whole host of issues that have been delegated to the Secretary of State or have not even been considered will need to be legislated for after Royal Assent. As the Bill stands, the only way for Parliament to scrutinise those powers will be to call for a 90-minute debate on a motion that cannot be amended and will be voted on only if the Leader of the Opposition calls for a vote. Making statutory instruments subject to the affirmative procedure rather than the negative procedure would mean that the Secretary of State, whoever that is, can exercise the powers delegated to them only with the approval of Parliament. For an issue as sensitive and profound as assisted dying, I believe that to be an appropriate level of scrutiny.

[Paula Barker (Liverpool Wavertree) (Lab)]

Will the hon. Lady give way?

[Sarah Olney]

I am sorry, but I will make some progress.

In a similar vein, I plan to support the amendments in the name of the right hon. Member for Tonbridge (Tom Tugendhat), which seek to remove all Henry VIII powers from the Bill and from the amendments introduced by the hon. Member for Spen Valley. I will support the right hon. Member’s amendments if they are selected for a vote, as I do not believe that the use of Henry VIII powers is appropriate or necessary.

I want to speak against amendment 94 in the name of the hon. Member for Spen Valley. It appears to be innocuous, but in reality it would reverse the effect of an amendment that I had accepted in Committee. The Bill as originally drafted would create an enormous constitutional minefield. It seeks to amend the criminal law of England and Wales, which is a reserved matter for the UK Parliament, and simultaneously to make provision for healthcare, which is a matter devolved to the Senedd in Wales. The Senedd debated a motion calling on the Welsh Government to support the principles of assisted dying, but it was defeated by 19 votes to 26. The motion was non-binding, but the Bill gives the UK Parliament the power to impose on the Senedd in Wales a measure that it has expressly said it does not want. The Bill as amended in Committee would give the Senedd the power to decide for itself when it is ready to bring the Bill into force.

Amendment 94 would reverse that provision and deprive the Senedd of the right to exercise its legitimate powers. It is not just that the amendment would restore the constitutional loophole that the Committee had closed; it threatens to create real problems and risks for Welsh citizens if the Senedd is forced to implement the Bill before its devolved healthcare system is ready. I urge fellow Members to have regard to the Committee’s decision and vote against amendment 94.