Yesterday, the Senedd (Welsh Parliament), which opposes assisted suicide, narrowly voted for a Legislative Consent Motion (LCM), after significant pressure was placed on Members of the Senedd (MSs) by Kim Leadbeater and Lord Falconer, which was described by Bill opponents as “pure blackmail”.
This was accompanied by the passing of a strongly worded amendment to the motion, outlining the Senedd’s concerns with scrutiny of the Leadbeater assisted suicide Bill and its implications.
An LCM is required under the devolution settlement where UK legislation would extend into devolved areas in Wales, since health services are a devolved matter.
As supporters of the motion made clear, the vote was not on whether assisted suicide should be made legal in Wales. Rather, it was a vote on a narrowly worded motion regarding the implementation of assisted suicide in Wales, should it become law.
The Senedd decisively voted against legalising assisted suicide in principle in October 2024, only weeks before the Second Reading of the Leadbeater assisted suicide Bill in Westminster. This opposition makes scrutiny of the Bill in the House of Lords even more important.
Amendment expressing concerns with scrutiny of the Bill and its implications passed by MSs
MSs voted on and subsequently accepted an amendment to the LCM expressing regret that the constitutional implications of the Bill for Wales have not been fully considered during the legislative process.
The passing of the amendment demonstrated that the Senedd shares widely expressed concerns that scrutiny of the Bill and its implications have been inadequate and that the current form of the Bill is in danger of being deficient in key areas.
This also reinforces the feeling that the Welsh Senedd has been backed into a corner on the assisted suicide Bill, with little input and time to debate its issues – a point that was reiterated throughout Tuesday’s debate preceding the vote.
Kim Leadbeater and Lord Falconer accused of “political blackmail” over threats to Wales
Tactics employed on Tuesday by the Bill sponsors, Kim Leadbeater and Lord Falconer, seemingly “blackmailing” Labour Senedd Members to support the motion with threats about forcing a private assisted suicide service on Wales, have been heavily criticised online.
David Deans, reporter for BBC Wales Politics, said that the two sponsors of the Bill told the Welsh First Minister, Eluned Morgan, that if the LCM were rejected, they would seek to remove clauses that would allow the Welsh government to set up assisted dying services in the NHS. In effect, this was said in order to blackmail MSs under the threat of privatisation of a possible future assisted suicide law.
The Welsh Health Secretary, Jeremy Miles, reiterated this during the LCM debate, highlighting that if the assisted suicide Bill were to pass, and the sponsors carried through their threats, failing to pass the LCM would leave Welsh ministers without the ability to implement assisted suicide services in Wales or to oversee or regulate such services.
Commentators heavily criticised these threats from the Bill’s sponsors
Commentator Lois McLatchie Miller said such threats were “foul play”, adding that they have “threatened the [Senedd]” with the provision of privatised assisted suicide in Wales if they did not vote in favour of the LCM, while Fleur Meston called these tactics “bullying”, adding that “London politicians [were] threatening Wales with privatisation”.
Former special adviser in the Wales Office, Lauren McEvatt, who recently wrote a strongly worded piece that sets the record straight on the misinformation that is being circulated by assisted suicide campaigners about the motion, said the threats amounted to “political blackmail”, while Adam James Pollock said it was “a new low” for the Bill’s sponsors.
In reality, rejecting the LCM would not have determined how any future possible assisted suicide service would ultimately be delivered in Wales. Rather, it would have appropriately withheld consent to Westminster legislating on devolved policy matters. The Senedd already has all the powers it needs to legislate during the Bill’s four-year implementation period to provide any future service through NHS Wales / the public sector, where the Senedd could decide on a Welsh approach to implementing the service.
Assisted suicide Bill still unlikely to become law, not expected to pass all stages in the House of Lords
For assisted suicide to be implemented in Wales, Kim Leadbeater’s assisted suicide Bill still needs to become law, and it is now increasingly likely that the Bill will not complete all stages in the House of Lords and become law during the current Parliamentary session.
Polling shows that 70% of the public who expressed a view believe Peers should be able to vote against a Private Members’ Bill, like the assisted suicide Bill, if they believe it would harm vulnerable people.
The House of Lords Constitution Committee and Hansard Society have both confirmed that Peers are constitutionally free to reject the Bill. As the Bill is not a Government Bill and was not in any party’s election manifesto, there is no convention requiring the Lords to pass it.
Outcome of the vote on the LCM
The Legislative Consent Motion was accepted with 28 votes in favour, 23 votes in opposition, and 2 abstentions.
21 out of 29 Labour MSs voted for the LCM and 5 Labour MSs voted against, highlighting how the “blackmail” tactics of their Labour Party colleagues, Kim Leadbeater and Lord Falconer, may have swayed them.
The 21 Welsh Labour MSs who voted in favour of the LCM were Alun Davies, Buffy Williams, Dawn Bowden, Hannah Blythyn, Jack Sargeant, Jane Hutt, Jayne Bryant, Jenny Rathbone, John Griffiths, Joyce Watson, Julie James, Julie Morgan, Ken Skates, Lee Waters, Lesley Griffiths, Mark Drakeford, Mick Antoniw, Mike Hedges, Rhianon Passmore, Vaughan Gething, and Vikki Howells.
Five Welsh Labour MSs voted against the LCM, including Welsh First Minister Eluned Morgan, Huw Irranca-Davies, Jeremy Miles, Lynne Neagle, and Rebecca Evans.
The 12 MSs from the Welsh Conservative Party unanimously voted against the LCM, including Altaf Hussain, Andrew Davies, Darren Millar, Gareth Davies, Janet Finch-Saunders, Joel James, Mark Isherwood, Paul Davies, Peter Fox, Sam Rowlands, Samuel Kurtz, and Tom Giffard.
Plaid Cymru were split on the vote, with seven MSs voting in favour of the LCM and four MSs voting against it.
The seven Plaid Cymru MSs who voted in favour of the LCM were Adam Price, Heledd Fychan, Lindsay Whittle, Luke Fletcher, Rhun ap Iorwerth, Sian Gwenllian, and Sioned Williams.
The four Plaid Cymru MSs who voted against the LCM were Delyth Jewell, Llyr Gruffydd, Mabon ap Gwynfor, and Peredur Owen Griffiths.
The two Reform UK MSs, James Evans and Laura Anne Jones, abstained from voting.
Jane Dodds, the Welsh Liberal Democrat MS, voted against the LCM.
Russell George, an Independent MS, voted against the LCM.
| Summary by party (Motion as amended) | |||||
| Party | For | Against | Abstain | Did not vote | Not eligible |
| Welsh Labour Party | 21 | 5 | 0 | 2 | 1 |
| Welsh Conservative Party | 0 | 12 | 0 | 1 | 0 |
| Plaid Cymru | 7 | 4 | 0 | 1 | 1 |
| Reform UK | 0 | 0 | 2 | 0 | 0 |
| Welsh Liberal Democrats | 0 | 1 | 0 | 0 | 0 |
| Russell George – Independent | 0 | 1 | 0 | 0 | 0 |
| Rhys ab Owen – Independent | 0 | 0 | 0 | 1 | 0 |
| Presiding Officer | 0 | 0 | 0 | 1 | 0 |
| How individual MSs voted (Motion as amended) | ||
| Name | Party | Vote |
| Adam Price | Plaid Cymru | For |
| Altaf Hussain | Welsh Conservative Party | Against |
| Alun Davies | Welsh Labour Party | For |
| Andrew Davies | Welsh Conservative Party | Against |
| Buffy Williams | Welsh Labour Party | For |
| Carolyn Thomas | Welsh Labour Party | Did not vote |
| Cefin Campbell | Plaid Cymru | Did not vote |
| Darren Millar | Welsh Conservative Party | Against |
| David Rees | Welsh Labour Party | Not eligible |
| Dawn Bowden | Welsh Labour Party | For |
| Delyth Jewell | Plaid Cymru | Against |
| Elin Jones | Plaid Cymru | Not eligible |
| Eluned Morgan | Welsh Labour Party | Against |
| Gareth Davies | Welsh Conservative Party | Against |
| Hannah Blythyn | Welsh Labour Party | For |
| Heledd Fychan | Plaid Cymru | For |
| Huw Irranca-Davies | Welsh Labour Party | Against |
| Jack Sargeant | Welsh Labour Party | For |
| James Evans | Reform UK | Abstain |
| Jane Dodds | Welsh Liberal Democrats | Against |
| Jane Hutt | Welsh Labour Party | For |
| Janet Finch-Saunders | Welsh Conservative Party | Against |
| Jayne Bryant | Welsh Labour Party | For |
| Jenny Rathbone | Welsh Labour Party | For |
| Jeremy Miles | Welsh Labour Party | Against |
| Joel James | Welsh Conservative Party | Against |
| John Griffiths | Welsh Labour Party | For |
| Joyce Watson | Welsh Labour Party | For |
| Julie James | Welsh Labour Party | For |
| Julie Morgan | Welsh Labour Party | For |
| Ken Skates | Welsh Labour Party | For |
| Laura Anne Jones | Reform UK | Abstain |
| Lee Waters | Welsh Labour Party | For |
| Lesley Griffiths | Welsh Labour Party | For |
| Lindsay Whittle | Plaid Cymru | For |
| Llyr Gruffydd | Plaid Cymru | Against |
| Llywydd (Presiding Officer) | Presiding Officer | Did not vote |
| Luke Fletcher | Plaid Cymru | For |
| Lynne Neagle | Welsh Labour Party | Against |
| Mabon ap Gwynfor | Plaid Cymru | Against |
| Mark Drakeford | Welsh Labour Party | For |
| Mark Isherwood | Welsh Conservative Party | Against |
| Mick Antoniw | Welsh Labour Party | For |
| Mike Hedges | Welsh Labour Party | For |
| Natasha Asghar | Welsh Conservative Party | Did not vote |
| Paul Davies | Welsh Conservative Party | Against |
| Peredur Owen Griffiths | Plaid Cymru | Against |
| Peter Fox | Welsh Conservative Party | Against |
| Rebecca Evans | Welsh Labour Party | Against |
| Rhianon Passmore | Welsh Labour Party | For |
| Rhun Ap Iorwerth | Plaid Cymru | For |
| Rhys Ab Owen | Rhys ab Owen – Independent | Did not vote |
| Russell George | Russell George – Independent | Against |
| Sam Rowlands | Welsh Conservative Party | Against |
| Samuel Kurtz | Welsh Conservative Party | Against |
| Sarah Murphy | Welsh Labour Party | Did not vote |
| Sian Gwenllian | Plaid Cymru | For |
| Sioned Williams | Plaid Cymru | For |
| Tom Giffard | Welsh Conservative Party | Against |
| Vaughan Gething | Welsh Labour Party | For |
| Vikki Howells | Welsh Labour Party | For |
Members of the Senedd voiced concerns about consenting to an unfinished Bill
It is expected that during the House of Lords Committee Stage debate on Friday 27 February, Peers will debate amendments regarding the extent of the provisions of the assisted suicide Bill, and whether it should be limited to England only. In this context, some MSs were concerned that the LCM debate and vote were taking place prematurely.
The Welsh Health Secretary, Jeremy Miles, expressed concern about giving consent to what would be an unfinished version of the assisted suicide Bill, stating that they have found themselves in an “unusual position”.
Mabon ap Gwynfor reiterated this, stating, “As matters stand, we don’t know the final form of the Bill, yet we’re being asked to give it consent”.
Darren Millar also reinforced this point, arguing that MSs should have full knowledge of what the implications of the assisted suicide Bill would be before being asked to consent to it. Giving consent to the assisted suicide Bill now would be an “abdication of our responsibility to the people of Wales”, he argued.
He continued, arguing that the Bill has not yet been subjected to full and proper scrutiny, and that there are still loopholes within the Bill that have been “neglected”.
Delyth Jewell highlighted that Wales appears to be being treated as little more than an add-on to a Westminster Private Members’ Bill, without proper consideration being given to the Bill’s implications. “This is no way to treat a Parliament. This is no way to treat a nation. And this Bill is no way to treat vulnerable human beings”, she said.
Mark Isherwood also argued this point, stating that the Senedd would be acting “prematurely” if it were to give consent to an unfinished assisted suicide Bill.
Sam Rowlands drew attention to the fact that MSs have only been allocated one hour for the debate, which he argued was far from enough time to subject the LCM to the depth of scrutiny that it would require.
He continued, stating that over 1,000 amendments to the Bill are yet to be resolved, highlighting that it would be unwise to give consent to a Bill that is still undergoing changes.
Janet Finch-Saunders argued that the flaws in the assisted suicide Bill as it currently stands are so large that the Senedd should not even be debating it at this stage. She had “no hesitation” in opposing the LCM, she said.
Forcing the assisted suicide Bill onto Wales would show a contempt for Welsh devolution, MSs argue
Darren Millar, the Leader of the Welsh Conservatives, argued that the issues for Wales with the assisted suicide Bill are more than just about particular clauses in the Bill; rather, he argued, it is a debate about the “fundamental values” of the Welsh nation.
He implored the Senedd to stop using the euphemistic term “assisted dying” to “soften the reality” of what the Bill is really about and what the Senedd is being asked to consent to, which is state-assisted suicide.
Millar drew attention to the fact that numerous professional organisations, including the Association for Palliative Medicine, the Royal College of General Practitioners, and the Royal College of Psychiatrists, have raised significant concerns about the safety of the assisted suicide Bill. He stated that when experts outline that a piece of legislation will be dangerous, “it’s our duty to listen to what they say”.
Millar also reminded colleagues that, while the Bill’s sponsors claim to wish to respect the wishes of the Senedd, the Senedd had already voted against assisted suicide on principle in 2024. Despite this, the assisted suicide Bill continues to progress with Wales as a part of it.
Mark Isherwood concurred with this, drawing attention to the more than 250 Welsh healthcare professionals who wrote to the Senedd asking them to reject the LCM, emphasising the inequity of the provision of high-quality palliative care and the unreliability of prognostication.
Sam Rowlands argued that legalising assisted suicide in Wales would be a gross contradiction, given that so much funding is invested in suicide prevention measures. “Doctors, as we know, are guided by the principle to first do no harm. This Bill would place our clinicians in Wales in conflicting roles, preventing suicide in some patients while validating it in others”, he said.
Former Deputy Prime Minister says assisted suicide would be “a blatant disregard for devolution”
The former Deputy Prime Minister and Member of the House of Lords, Thérèse Coffey, said, “With the LCM now approved, Wales faces a Westminster-designed assisted dying regime imposed upon it. It is clear that funding and resources will be diverted from palliative care to implement a service previously rejected by the Senedd. This amounts to assisted dying via the back door”.
“Introducing it through the Welsh NHS risks more vulnerable people opting for assisted death out of fear of long waiting lists, particularly if doctors are placed under a legal duty to raise it as an option”.
“This represents a blatant disregard for devolution and is undemocratic”.
Spokesperson for Right To Life UK, Catherine Robinson, said, “Given the Senedd’s opposition to assisted suicide being made legal in Wales, yesterday’s motion will make House of Lords scrutiny of the Bill even more important, with campaigners calling on Peers to listen to Welsh concerns and be mindful of the Senedd’s rejection of assisted suicide in October 2024”.
“Furthermore, MSs voted in favour of an amendment expressing regret that the constitutional implications of the Bill for Wales have not been fully considered during the legislative process”.
“This demonstrates that they share widely expressed concerns that scrutiny of the Bill and its implications has been inadequate and that the current form of the Bill is in danger of being deficient in key areas”.
“The tactics employed ahead of the LCM debate by the Bill sponsors, seemingly blackmailing Labour Senedd Members to support the motion with threats about forcing a private assisted suicide service on Wales, were profoundly disturbing”.
“How can we trust assurances there won’t be coerced assisted suicides when bullying tactics are used to pressure parliamentarians to support a Bill they don’t want? Does the Government approve of this approach to devolution, depriving its MSs of expressing their own voice for Wales?”
