What the Bill does
The Terminally Ill Adults (End of Life) Bill, often referred to as the assisted dying bill, is a Private Members’ Bill introduced in the UK Parliament on 16 October 2024 by Kim Leadbeater MP. Its purpose is to allow adults who are terminally ill, subject to strict safeguards, to request and receive assistance to end their own life.
The Bill amends the Suicide Act 1961 to protect individuals acting within its provisions from criminal liability, and sets out a regulatory framework for how assistance must be provided. Assisting suicide outside these provisions would remain an offence under the Suicide Act.
The UK Government maintains a neutral stance on the passage of the Bill and on the broader issue of assisted dying.
In October 2024, the Senedd held a non-binding vote and rejected the principle of assisted dying. Notably, the First Minister, Eluned Morgan MS, and Cabinet Secretary for Health and Social Care, Jeremy Miles MS (‘the Cabinet Secretary’), voted against the motion. The Welsh Government has since indicated that it remains neutral on the Terminally Ill Adults (End of Life) Bill and the wider question of assisted dying.
Why legislative consent is needed
Although criminal law on suicide remains reserved to the UK Parliament, the Bill includes provisions affecting devolved areas, such as:
- guidance about the operation of the Act
- regulations on how voluntary assisted dying services would operate in Wales
- monitoring by a Voluntary Assisted Dying Commissioner
- requirements for bilingual information
Under the legislative consent convention, the UK Parliament seeks the Senedd’s consent before legislating in devolved areas. However, this convention is political rather than legally binding, and the UK Parliament can still proceed if the Senedd withholds consent. The Welsh Government laid a Legislative Consent Memorandum (LCM) on 9 April 2025, followed by a Supplementary LCM (Memorandum No. 2) on 4 July 2025. The Health and Social Care Committee and the Legislation, Justice and Constitution Committee were invited to scrutinise these.
A further Supplementary LCM (Memorandum No. 3) was laid on 23 December 2025. It covers relevant amendments tabled in the House of Lords during Committee Stage which, at the time of writing, have not yet been agreed.
Another Supplementary LCM (Memorandum No. 4) was laid on 16 February 2026. It explains that, due to the exceptionally high number of amendments tabled during Lords Committee Stage, the Welsh Government has taken a pragmatic approach to identifying which amendments require Senedd consent. This approach focuses on ‘key’ sponsor amendments - those tabled by the Bill Sponsor that introduce new clauses or amend provisions previously subject to legislative consent.
Senedd committee consideration
The Health and Social Care Committee issued a short call for written evidence on the initial LCM and subsequently held an oral evidence session with the Cabinet Secretary in July 2025. The Committee’s report, published in October 2025, focused on the LCM and Supplementary LCM rather than the ethical debate on assisted dying.
Key conclusions included:
- The Committee remains neutral and does not advise Members on whether to support the LCM.
- If regulations to implement assisted dying services in Wales are introduced, they should:
- be published in draft for broad public consultation
- allow sufficient time for Senedd scrutiny
- include clear policy detail and full costings
- Workforce implications must be addressed, including training needs, increased responsibilities, and Welsh language provision. The Cabinet Secretary should update the Committee on progress and outline plans to ensure services are available in Welsh and accessible to those whose first language is neither Welsh nor English.
- Assisted dying must be clearly distinguished from palliative and end-of-life care. Implementation must not negatively impact funding for these services.
The Legislation, Justice and Constitution Committee’s report (October 2025) focused on the scope of Senedd consent, the use of concurrent powers and guidance, and commencement provisions for Wales.
A Senedd debate originally scheduled for 27 January 2026 was postponed to 24 February 2026 following concerns raised by the Legislation, Justice and Constitution Committee that the timetable following the laying of Memorandum No. 3 did not allow adequate scrutiny. The Committee’s report, published on 27 January, noted that over 1,150 further Lords amendments had been tabled but that Memorandum No. 3 gave no indication of whether the Welsh Government had reviewed them, their relevance to devolved matters, or whether any would require Senedd consent. The Health and Social Care Committee later reported on 10 February 2026 that it had been unable to consult on Memorandum No. 3 within the time available.
Implementation and wider implications
One of the key issues highlighted during Senedd committee scrutiny was the need for clarity on who holds the power to implement assisted dying in Wales - Welsh Ministers or the UK Government. The Cabinet Secretary explained that while commencement of the legislation rests with the UK Secretary of State (as the Bill amends the Suicide Act 1961), introducing voluntary assisted dying services within the NHS in Wales would require regulations to be laid by Welsh Ministers and approved by the Senedd.
There is also uncertainty about the role of private providers. The Bill permits non-public provision regardless of whether Welsh Ministers introduce NHS voluntary assisted dying services. This raises concerns that, if NHS services are not introduced, only those who can afford to pay for assisted dying could access the service, exacerbating inequalities. In terms of regulation, the Cabinet Secretary noted that existing powers could be used to regulate independent healthcare and indicated that the Welsh Government considers the Bill to provide appropriate regulatory powers for both public and private sectors.
The Health and Social Care Committee highlighted cross-border implications, including the uncertainty and challenges that could arise if assisted dying services are available in England but not Wales, or if service models differ across borders. These differences could create practical and legal issues for patients and health professionals. The Committee noted that any future Welsh Government will need to consider these matters carefully when deciding its approach.
Similar concerns have been raised about Scotland’s proposals, where eligibility criteria are currently less restrictive than in the England/Wales Bill. This has prompted fears of a potential cross-border flow of “death tourists”.
The Assisted Dying for Terminally Ill Adults (Scotland) Bill is currently at Stage 3 in the Scottish Parliament. Other parts of the UK are also considering change: the Isle of Man’s Assisted Dying Bill passed its final stage in Tynwald in March 2025 and is awaiting Royal Assent, and proposals for assisted dying are also being actively considered in Jersey.
Progress in the UK Parliament
The Terminally Ill Adults (End of Life) Bill has passed through the House of Commons and is currently at Committee stage in the House of Lords. A Lords Select Committee was appointed to consider the Bill – an unusual procedural step for most legislation, reflecting its complexity and sensitivity. The Committee published its report on 11 November 2025.
Lords Committee Stage resumed on 9 January 2026. Further information about the Bill and its parliamentary stages, and relevant briefings from the House of Commons and Lords libraries, are available on the UK Parliament website.
Next steps
A Senedd debate on the Legislative Consent Motion is scheduled for 24 February 2026. The Cabinet Secretary previously indicated that the Bill is unlikely to be finalised until early 2026, with implementation expected to take around four years. He told the Health and Social Care Committee that decisions on whether to introduce assisted dying services in Wales will likely fall to the next Welsh Government and will require extensive consultation, operational planning, workforce development, and policy work. He indicated that preliminary work would be undertaken to ensure options are available for the incoming government.
Article by Philippa Watkins, Senedd Research, Welsh Parliament
