Senedd to decide if Welsh NHS provides assisted dying service

The Welsh NHS will only provide assistance to terminally ill individuals wanting to end their lives if the Senedd agrees to it first, according to a statement made in the Welsh Parliament. Legislation was recently passed to legalize assisted dying for terminally ill individuals in Wales and England, sparking uncertainty on how this will be implemented in Wales given that a similar proposal was previously rejected by the Senedd. Counsel general Julie James informed Senedd members that they will ultimately decide whether assisted dying services will be accessible in the public sector.

Conservative Senedd member Tom Giffard emphasized the importance of the Senedd having a meaningful say in this matter. The law permits assisted dying for individuals with terminal illnesses in both Wales and England, raising constitutional concerns due to the implications it has on healthcare legislation typically under the authority of the Welsh Parliament. There has been deliberation on the extent of control the Senedd should possess in this regard. It is anticipated that there will be a vote in the Senedd on whether to agree to the legislation applying to areas controlled by the Senedd, with the first vote expected in the autumn.

An earlier provision in the bill granted the Senedd veto power over critical aspects of the law, allowing members to determine when it becomes enforceable. However, MPs removed this power, citing the need to prevent Welsh ministers from obtaining authority beyond the Senedd’s jurisdiction. Despite this, the bill stipulates that the NHS or any public entity in Wales cannot offer voluntary assisted dying services until ministers lay down regulations and the Senedd affirmatively votes for its implementation. Giffard expressed disappointment over the removal of this veto power, emphasizing the importance of Wales’ elected representatives explicitly consenting to such a significant decision.

Julie James indicated that the Welsh government will adopt a neutral stance on the bill, with all three Senedd parties having a free vote on this matter in the past. A three-person panel will be responsible for assessing individual requests for assisted dying. Concerns were raised regarding the ability of panel members to operate in the Welsh language, with Mabon ap Gwynfor noting that patients may have to specifically request Welsh language services, rather than it being readily available. James mentioned that Health Secretary Jeremy Miles has been in discussions regarding Welsh language considerations with Kim Leadbeater, the MP behind the proposed legislation

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