Assisted Dying Bill Faces Major Hurdles in House of Lords

The passage of the assisted dying bill in the UK is encountering significant resistance, with fears that it may not become law without substantial shifts in the current approach. The former justice secretary, Lord Falconer, has articulated that without a radical change in the House of Lords' stance, the bill holds "absolutely no hope" of progression.

Challenges in Legislative Passage

Lord Falconer, a foremost advocate for the bill, has expressed deep concern over its prospects this year. He suggests employing the Parliament Act, a rarely used legislative tool, to bypass objections from the peers before the King's Speech scheduled in May. The use of such authority could ignite a constitutional clash on this sensitive matter.

Opposition and Controversy

Critics argue that the legislation might compromise the safety of vulnerable individuals and needs considerable amendments. With the current approach, opponents worry that the bill might allow undue pressure on individuals to choose assisted dying.

Government's Position and Alternatives

A government insider indicates a lack of confidence in the House of Lords passing the bill, suggesting the potential formation of a Royal Commission to tackle the practical issues presented by Labour MP Kim Leadbeater's proposal. The notion of using the Parliament Act for a private member's bill is deemed highly contentious.

Parliamentary Procedures and Historical Context

Typically, private member's bills face demise unless approved by both Parliament houses within the same session. As the sessions conclude with the prorogation and a new session begins with the King's Speech, anticipated in May, this bill could face similar fate if not reintroduced with sufficient support.

The Parliament Act allows the reintroduction of bills passed by the Commons but rejected by the Lords in a subsequent session, whereupon a second Commons approval prevents another Lords' blockade. Historically, this mechanism has been invoked merely seven times since 1911.

Conclusion and Future Prospects

Lord Falconer has proposed amendments to address key concerns such as eligibility criteria and advertising restrictions. While some peers remain apprehensive about potential risks to vulnerable populations, Falconer emphasizes the need for elected Commons representatives to decide the nation's direction on assisted dying. He argues that persistent Lords' opposition would necessitate constitutional measures to ensure the bill's advancement.