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A prominent supporter of the assisted dying bill has expressed significant doubt about the legislation passing this year, describing its prospects as “very, very difficult.” According to Lord Falconer, the former justice secretary and leading backer, the bill currently has “absolutely no hope” of becoming law without a major shift in the stance adopted by the House of Lords. He has even suggested the possibility of invoking the rarely used Parliament Act as a last resort to bypass the peers if the bill remains blocked by the time of the King’s Speech in May.
The use of the Parliament Act in this context would mark an unprecedented constitutional confrontation over a deeply sensitive issue. Lord Falconer has argued that since the bill has been approved by elected Members of Parliament, the unelected Lords should not obstruct it. This piece of legislation, being a Private Members’ Bill, typically requires approval from both Houses within one parliamentary session, which ends with the prorogation of Parliament. Should the bill be rejected by the Lords twice, the Parliament Act permits the Commons to enact it without further consent from the Lords by passing the identical bill again in a new session.
Opponents of the assisted dying legislation have voiced concerns about its safety, particularly focusing on the risks to vulnerable individuals. Some members of the government share the growing view that the bill is unlikely to pass through the House of Lords and are exploring compromises. One suggestion involves the establishment of a Royal Commission to resolve practical issues linked to the proposal put forward by Labour MP Kim Leadbeater. Despite this, the government source emphasized that resorting to the Parliament Act for a Private Members’ Bill would be highly contentious. “The prime minister will need to step in before it gets to that stage,” the source warned.
Labour MPs and peers opposing the bill have criticized the threat to use the Parliament Act, describing it as a tactic by “a bully who knows they are losing the argument.” They argue that enforcing the bill in its current form would mean forcing flawed legislation into law with no opportunity for amendments. Lord Falconer, however, rejected these concerns, reaffirming that the Parliament Act is “an established part of our constitution” that allows elected representatives to have the final say. Meanwhile, he has submitted a series of amendments to address some of the more contentious issues, including protections for people with eating disorders and tighter restrictions on advertising for assisted dying services. Nonetheless, the debate remains sharply divided, with opponents fearing that the legislation could put vulnerable people at risk of premature death
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