Lords committee suggest parts of assisted dying Bill ‘sidestep parliament’

A Lords committee has suggested parts of the current assisted dying Bill hand too much power to ministers and appear to “sidestep parliament”.

The Terminally Ill Adults (End of Life) Bill – which would apply only to England and Wales – will come before the House of Lords for its first debate among peers on Friday.

This stage, known as Second Reading, will run into the following Friday, September 19, due to the large number of people who have asked to speak in the debate.

The House of Commons has voted twice on the overall Bill, approving the principle of assisted dying, with peers in the Lords now given the chance to put forward changes.

Ahead of Friday’s debate in the Lords, the Delegated Powers and Regulator Reform Committee has published a report highlighting where it sees issues with responsibilities which are currently set out for Government ministers rather than parliament.

The committee, which said it was not taking a view on the overall issue of assisted dying, deemed it “inappropriate” for a Secretary of State to specify drugs or other substances for the purposes of the Act and suggested instead the Bill “should contain a definitive list of substances to be used in the life-ending process”.

It said a definitive list of what drugs can be used if assisted dying is legalised in England and Wales should be published and said the power to amend the list should be for “regulations subject to the affirmative procedure” – meaning a motion would need to be agreed in the House of Commons and House of Lords before it came into force.

The committee highlighted 11 clauses – including on the level of qualifications for doctors and on the prohibition of advertising assisted dying – which it suggested the Bill as currently written “delegates powers inappropriately” to ministers or other bodies rather than parliament.

Committee chairwoman, Baroness Ramsey, said: “As a committee it is not our role to take a view on the merits of the Terminally Ill Adults Bill or whether or not it should come into law.

“However, we do take a close interest in areas where the Bill appears to sidestep parliament and give powers to ministers or other bodies without proper scrutiny.

“We have identified 11 clauses where we think the Bill delegates powers inappropriately and we think should be changed.

“This covers crucial areas such as the qualifications required of doctors providing assistance to someone wanting to end their own lives and what drugs can legally be provided to do so.

“Our report will inform debate in the House of Lords when the Bill starts here and I hope it will be useful to members in their scrutiny of the Bill on this important and emotive issue.”