Lord Falconer and Kim Leadbeater MP, the sponsors of the Terminally Ill Adults (End of Life) Bill, have said they have received legal and constitutional advice that the Parliament Act can be used to bypass the Lords and enact the Bill. Humanists UK and My Death, My Decision welcome this, and hope it encourages the House of Lords to stop filibustering, scrutinise the Bill, and respect the democratic will of the Commons.
Richy Thompson, Director of Human Rights and Advocacy at Humanists UK, said:
‘We hope that the clarity around the Parliament Act will focus the House of Lords on getting the Assisted Dying Bill across the line. The people have spoken, MPs have spoken, and a small group of peers vehemently opposed to the Bill shouldn’t be able to overturn that. That shouldn’t be how our democracy works.
‘The filibustering reflects badly on the House of Lords and our politics in general. If the Bill fails, the Government should make sure that Parliament decides on assisted dying – sooner rather than later.’
Dave Sowry, Board Member of My Death, My Decision, said:
‘A small group, opposed to the Bill on principle, is still determined to shut it down rather than let it move forward. They are refusing to listen to the very people this Bill is meant to help: those nearing the end of their lives, whose final weeks could be made more bearable. Having supported my wife through an assisted death abroad, I know how vital it is that the system is clear and compassionate. This minority in the Lords should not be allowed to thwart both Parliament’s wider judgment and the public’s clear hopes for change.
‘I welcome this announcement, but I haven’t given up hope on the Lords – surely they can come together and get this compassionate Bill back to the Commons and into law.’
The filibuster:
Despite peers agreeing to additional time for the Bill to pass, and peers from both sides of the debate agreeing to send the Bill back to the Commons, debate has continued at a glacial pace. Over 1,200 changes to the Bill have been proposed, with seven of the most vocal opponents putting forward over 600 amendments between them. Amendments have included a pregnancy test for all applicants, including men, a one-year holiday ban for applicants and an unworkable requirement for half a dozen GP visits.
Peers spent nearly an hour debating a group of probing amendments from Lord Frost that would change the wording of ‘assistance to end their own life’ in the Bill to ‘medical help to commit suicide by provision of lethal drugs’. These amendments add nothing to the clarity, workability or safety of the Bill and replace neutral, clinically accurate language with stigmatising terminology.
We have identified several instances of peers being explicitly clear that they are trying to block the Bill by means other than it being voted down.
The Parliament Act
The Parliament Act is an old law that restricts the House of Lords from overruling the House of Commons. The Assisted Dying Bill is a Private Members’ Bill (PMB), meaning it’s proposed by an individual politician rather than the Government, and there have been questions about whether the Parliament Act applies to PMBs. But, the 2019 guide to the Parliament Act for government drafters clearly states that it does.
There is a clear precedent of the Parliament Act being used on a ‘conscience issue’ for something similar to the Terminally Ill Adults Bill:
- In 1991, the War Crimes Act was about allowing UK courts to prosecute certain serious Second World War crimes committed in Nazi-occupied Europe; the Lords blocked it, and the Commons ultimately used the Parliament Acts to pass it without the Lords’ consent.
- In 2000, the Sexual Offences (Amendment) Act was best known for equalising the age of consent. The Commons supported it on a free vote, but the Lords repeatedly resisted, and it remained stuck between the Houses; it became law via the Parliament Act.
- In 2004, the Hunting Act, banning hunting animals with dogs, ran into the same pattern: the Lords would not accept the Commons’ position, so after prolonged deadlock, the Commons used the Parliament Acts to enact it anyway.
Although much older, the prospect of using the Parliament Act led to the Lords ultimately agreeing. The Temperance (Scotland) Bill 1913, a Bill about restricting alcohol, was ultimately passed in the Lords after a threat of using the Parliament Act helped to force movement.
What needs to happen next?
We are still hopeful that the Bill can pass the House of Lords. This will involve peers withdrawing amendments, sitting later and focusing on real issues.
If the Bill does not complete all stages in the Lords by 24 April, the last sitting Friday announced, the Bill will fail.
In the next Parliamentary session (June), the same Bill will need to be reintroduced. It doesn’t have to be exactly identical, but be very close and clearly with the same intention. The Speaker gets to determine what constitutes ‘the same Bill’.
This Bill will have to go through all stages in the Commons again. If it does that, the Bill will essentially skip the House of Lords and become law.
Notes
For further comment or information, media should contact Nathan Stilwell at nathan@humanists.uk or phone 07456 200033. (media only)
Humanists UK is making the following photos available to the media to use – credit to Simona Sermont/Humanists UK – 1, 2, 3, 4, 5.
Humanists UK and My Death, My Decision have people and their loved ones who would be affected by this change available for the press.
If you have been affected by the current assisted dying legislation, and want to use your story to support a change in the law, please email campaigns@humanists.uk.
Humanists defend the right of each individual to live by their own personal values, and the freedom to make decisions about their own life so long as this does not result in harm to others. Humanists do not share the attitudes to death and dying held by some religious believers, in particular that the manner and time of death are for a deity to decide, and that interference in the course of nature is unacceptable. We firmly uphold the right to life but we recognise that this right carries with it the right of each individual to make their own judgement about whether their life should be prolonged in the face of pointless suffering.
We recognise that any assisted dying law must contain strong safeguards and the international evidence from countries where assisted dying is legal shows that safeguards can be effective. We also believe that the choice of assisted dying should not be considered an alternative to palliative care, but should be offered together as in many other countries.
Humanists UK is the national charity working on behalf of non-religious people. Powered by over 150,000 members and supporters, we advance free thinking and promote humanism to create a tolerant society where rational thinking and kindness prevail. We provide ceremonies, pastoral care, education, and support services benefitting over a million people every year and our campaigns advance humanist thinking on ethical issues, human rights, and equal treatment for all.
My Death, My Decision is a grassroots campaign group that wants the law in England and Wales to allow mentally competent adults who are terminally ill or intolerably suffering from an incurable condition the option of a legal, safe, and compassionate assisted death. With the support of over 3,000 members and supporters, we advocate for an evidence-based law that would balance individual choice alongside robust safeguards and finally give the people of England and Wales choice at the end of their lives.
Humanists UK and My Death, My Decision are both members of the Assisted Dying Coalition, along with Friends at the End, Humanist Society Scotland, and End of Life Choices Jersey.