The Guardian published an article - Assisted dying set to become law in England and Wales after MPs pass bill (20 June 2025).
In fact, it is NOT yet set to become law but the Terminally Ill Adults (End of Life) Bill has passed its Third Reading in the House of Commons by 23 votes.
The Bill now goes to the House of Lords and, as a matter of basic constitutional law, it must pass all its stages there. This is subject to the Parliament Acts 1911-49 which enable the consent of the Lords to be dispensed with but only if the process specified in those Acts is followed.
When a Bill has been passed by both Houses of Parliament
it must receive Royal Assent before entering the law as an ACT of Parliament. Royal Assent is now a formal process though there are some arguments that the Monarch might refuse consent - at least if that course was advised by the government.*This Bill is a PRIVATE MEMBERS' BILL and was guided through the Commons by Kim Leadbeater MP (Batley and Spen) who came first in a ballot of those MPs who wished to introduce a Bill.
"Assisted dying" is undoubtedly a controversial subject but, constitutionally, there is nothing to prevent a such a Private Members' Bill on a controversial subject becoming law. Historically, some private members' bills have effected major changes - e.g. Murder (Abolition of the Death Penalty) Act 1965 (Mr Sidney Silverman MP), the Abortion Act 1967 (Mr David Steel MP).
Whilst it is known that the Prime Minister supports the Bill (and voted in favour at 3rd reading), it is NOT a government Bill and other Ministers did not support it. For example, the Deputy PM (Angela Rayner MP) and Health Minister (Wes Streeting MP) voted against at 3rd reading. (The Guardian - How MPs voted).
A Bill on this subject was NOT in the manifesto of the Labour Party which, in July 2024, secured a huge majority on 33.7% of the actual vote - (Electoral Reform Society). Such are the vicissitudes of first past the post ! It follows that the Salisbury-Addison Convention has no application to this Bill.
There has been some speculation that the Lords might refuse to pass the Bill. It would be within its constitutional rights to do that BUT the much more likely, and I think preferable, scenario is that the Lords will scrutinise the Bill and make amendments. The Bill will then return to the Commons which will decide, in the legislative "ping pong" process, whether to accept the amendments. In general, many Lords amendments to Bills are accepted by the Commons.
What if the Lords do not pass the Bill? The question then is whether the Parliament Acts 1911-49 can be applied.
On this point readers will find the post by Professor Mark Elliott of interest - Public Law for Everyone 20 June 2025. As Elliott points out, there are difficulties in applying the Parliament Acts to private members' bills and the government might find itself in the position of having to decide whether to introduce a new government Bill. Even then, the government could not claim a manifesto commitment to this change.
One major change made to the Bill came about because the senior judiciary lacked the resources to take on approval of the individual cases that are likely to arise if the Bill becomes law. The alternative, as set out in the Bill, is a system involving a Voluntary Assisted Dying Commissioner and three member Review Panels comprising a legal member (as Chair), a psychiatrist member, and a social worker member.
The Commissioner must ensure that each member of a panel has had training in respect of domestic abuse, including coercive control and financial abuse. Panels will have to give written reasons for their decisions.
If enacted, the legislation will apply only to England and Wales.
The Scottish Parliament is considering a separate Bill - HERE.
At the time of writing there is no Bill before the Northern Ireland Assembly but it is claimed that 67% of people support assisted dying 'to some degree' - HERE.
* For further discussion on Royal Assent see UK Constitutional Law 22 January 2019
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