Meetings

Paper 5 – Legal Advice Note (LAN) on Memorandum No.4 for the Terminally Ill Adults (End of Life) Bill

NDM9157 Jeremy Miles (Neath)

To propose that the Senedd, in accordance with Standing Order 29.6, agrees that the following provisions in the Terminally Ill Adults (End of Life) Bill, in so far as they have regard to devolved matters, should be considered by the UK Parliament:

a) Clause 4(3A) (Voluntary Assisted Dying Commissioner) (to be inserted by an amendment at the end of Clause 4, page 2, line 29 and listed in paper HL Bill 112-IX(b));

b) Clause 40 (Guidance about operation of Act);

c) Clause 42(1), (2), (5) and (6) (Voluntary assisted dying services: Wales);

d) Clause 47(3A) (Reporting on implementation of Act) (to be inserted by Amendment 784);

e) Clause 49 (Monitoring by Commissioner) (to be amended by Amendments 804 and 809);

f) Clause 50(4) (Review of this Act) (to be inserted by Amendment 824);

g) Clause 51(1), (2), (3), (5), (6) and (7) (Provision about the Welsh language);

h) Clause 54(1), (2), (5), (6) (Regulations) (to be amended by Amendments 857CA and 872A);

i) Clause 55(3) (Duty to consult before making regulations) (to be inserted by Amendment 877A); and

j) Clause 58(5), (7), (8) (Commencement) (to be amended by Amendment 905A).

Footnote:

A Legislative Consent Memorandum was laid on 9 April 2025, and Supplementary Consent Memoranda were laid on 4 July 2025, 23 December 2025 and 16 February 2026, in accordance with Standing Order 29.2.

The Clause numbers listed in this motion are as per the most recently published version of the Bill as brought from the House of Commons on 23 June 2025, and the amendments can be found in the First to Ninth Marshalled List of Amendments and Paper HL Bill 112-IX(b) (Supplementary to the Ninth Marshalled List).

The Legislation, Justice and Constitution Committee report on SLCM (No.3) and the Welsh Government’s response to that report.

A copy of the Bill can be found on the UK Parliament website:

Terminally Ill Adults (End of Life) Bill - Parliamentary Bills - UK Parliament

Supporting documents:

Reports of the Legislation, Justice and Constitution Committee on memoranda nos. 1 and 2 and no.3.

Government response to the Legislation, Justice and Constitution Committee reports on memoranda nos. 1 and 2 and no.3.

Reports of the Health and Social Care Committee on memoranda nos. 1 and 2 and no.3.

Government response to the Health and Social Care Committee reports on memoranda nos. 1 and 2.

The following amendments were tabled:

Amendment 1 Heledd Fychan (South Wales Central)

Add as new point at end of motion:

Regrets the lack of thorough consideration of the constitutional implications of this Bill for Wales during the legislative process.

Amendment 2 Heledd Fychan (South Wales Central)

Add as new point at end of motion:

Believes that Wales should have full powers to choose to legislate or not regarding the legality and implementation of assisted dying services, as is the case in Scotland.

Amendment 3 Heledd Fychan (South Wales Central)

Add as new point at end of motion:

Calls on the Welsh Government to make representations to the UK Government, the UK Parliament and the promoters of the Bill to include in the Bill a provision to remove the reservation as to the criminal law on suicide in paragraph 199 in Schedule 7A of the Government of Wales Act 2006.

The item started at 18.45

Voting on the motion under this item was deferred until Voting Time.

The following amendments were tabled:

Amendment 1 Heledd Fychan (South Wales Central)

Add as new point at end of motion:

Regrets the lack of thorough consideration of the constitutional implications of this Bill for Wales during the legislative process.

A vote was taken on amendment 1:

Amendment 1 was agreed.

Amendment 2 Heledd Fychan (South Wales Central)

Add as new point at end of motion:

Believes that Wales should have full powers to choose to legislate or not regarding the legality and implementation of assisted dying services, as is the case in Scotland.

A vote was taken on amendment 2:

Amendment 2 was not agreed.

Amendment 3 Heledd Fychan (South Wales Central)

Add as new point at end of motion:

Calls on the Welsh Government to make representations to the UK Government, the UK Parliament and the promoters of the Bill to include in the Bill a provision to remove the reservation as to the criminal law on suicide in paragraph 199 in Schedule 7A of the Government of Wales Act 2006.

A vote was taken on amendment 3:

Amendment 3 was not agreed.

NDM9157 Jeremy Miles (Neath)

To propose that the Senedd:

1.   Agrees that, in accordance with Standing Order 29.6, the following provisions in the Terminally Ill Adults (End of Life) Bill, in so far as they have regard to devolved matters, should be considered by the UK Parliament:

a) Clause 4(3A) (Voluntary Assisted Dying Commissioner) (to be inserted by an amendment at the end of Clause 4, page 2, line 29 and listed in paper HL Bill 112-IX(b));

b) Clause 40 (Guidance about operation of Act);

c) Clause 42(1), (2), (5) and (6) (Voluntary assisted dying services: Wales);

d) Clause 47(3A) (Reporting on implementation of Act) (to be inserted by Amendment 784);

e) Clause 49 (Monitoring by Commissioner) (to be amended by Amendments 804 and 809);

f) Clause 50(4) (Review of this Act) (to be inserted by Amendment 824);

g) Clause 51(1), (2), (3), (5), (6) and (7) (Provision about the Welsh language);

h) Clause 54(1), (2), (5), (6) (Regulations) (to be amended by Amendments 857CA and 872A);

i) Clause 55(3) (Duty to consult before making regulations) (to be inserted by Amendment 877A); and

j) Clause 58(5), (7), (8) (Commencement) (to be amended by Amendment 905A).

2.   Regrets the lack of thorough consideration of the constitutional implications of this Bill for Wales during the legislative process.

The result was as follows:

The motion was agreed.

3.5.1 The Committee noted the letter.

Paper 2 - Legislative Consent: Terminally Ill Adults (End of Life) Bill: Supplementary Legislative Consent Memorandum (Memorandum No.3): draft report

5.1 The Committee discussed and considered the draft report.

The Business Committee noted the letter. The Trefnydd confirmed that she and the Cabinet Secretary for Health and Social Care had considered the request and would be responding to the Legislation, Justice and Constitution Committee to indicate that the Government intends to proceed with the debate on 24 February as scheduled. The Trefnydd noted that this would allow time for a further debate before the end of the current Senedd should one be required to consider any further supplementary Legislative Consent Memoranda on the Bill.

The Committee noted its correspondence to the Cabinet Secretary for Social Justice, Trefnydd and Chief Whip.

The Business Committee noted the letter. The Trefnydd confirmed that the Government did not intend to re-schedule the debate on the LCM of the Terminally Ill Adults (End of Life) Bill due to take place on 24 February.

The Committee agreed its draft report and agreed to write to the Business Committee in relation to the scheduling of a debate on a legislative consent motion.

This item has been postponed until 24 February.

Paper 2: Legal Advice Note (LAN) on Supplementary Legislative Consent Memorandum (SLCM) (Memorandum No.3): Terminally Ill Adults (End of Life) Bill

LAN on SLCM (Memorandum No.2): Terminally Ill Adults( End of Life) Bill

LAN on Legislative Consent Memorandum: Terminally Ill Adults (End of Life) Bill

6.1 The Committee reviewed and considered the implications of the Supplementary Legislative Memorandum No.3. to inform preparation of the draft report.   

The Business Committee considered correspondence from the Legislation, Justice and Constitution Committee, including a request for an extension to the reporting deadline and a corresponding delay to the date of the legislative consent debate on the Terminally Ill Adults (End of Life) Bill.

The Trefnydd agreed to consult with the Cabinet Secretary for Health and Social Care on the request and to update Business Managers following the meeting.

The Business Committee agreed that it is important that there is an opportunity for the Senedd to debate the Bill prior to the end of the Sixth Senedd term.

Members considered Memorandum No. 3 on the Terminally Ill Adults (End of Life) Bill and agreed to write to the Llywydd as Chair of the Business Committee.

5.1.1 The Committee noted the response from Welsh Government.

The Committee noted the Welsh Government response to the Committee’s report.

5.1.1 The Committee noted the submission.

5.2.1 The Committee noted the submission.

Paper 6 – Draft report: Legislative Consent Memorandum for the Terminally Ill Adults (End of Life) Bill

8.1 The Committee considered the draft report.

3.7.1 The Committee noted the response.

The Committee considered the Legislative Consent Memoranda and agreed its draft report.

3.1.1 The Committee noted the letter.

Jeremy Miles, Cabinet Secretary for Health and Social Care

Ben Brown, Deputy Director, QSE and Clinical Conditions – Welsh Government

Research brief

Legal Advice Note on the Terminally Ill Adults (End of Life) Bill

Legislative Consent Memorandum: Terminally Ill Adults (End of Life) Bill

Supplementary Legislative Consent Memorandum (No 2): Terminally Ill Adults (End of Life) Bill

2.1 The Committee heard evidence from the Cabinet Secretary for Health and Social Care

2.2 The Cabinet Secretary for Health and Social Care agreed to:

-keep the Committee updated on discussions on the opt out provision within the legislation to protect clinical staff who may be expected to provide advice, options, training or be involved with any form of an assisted dying service.

-be available in the autumn term to attend a further evidence session if required prior to the reporting deadline date of 10 October 2025.

5.1 The Committee considered the evidence received and agreed issues for inclusion in its report.

The Committee noted the correspondence from the Cabinet Secretary for Health and Social Care.

4.3.1 The Committee noted the letter.

The Committee considered the Welsh Government’s Legislative Consent Memorandum on the Terminally Ill Adults (End of Life) Bill. The Committee agreed to write to the Welsh Government, and agreed to consider a draft report at a future meeting.