Senedd will get final say on assisted dying law in Wales
Health secretary Jeremy Miles said the Welsh Government maintained a neutral position as he drew a distinction between enacting the UK end of life bill and its implementation.
He explained enactment is reserved to Westminster but providing voluntary assisted dying services in Wales is a discretionary power in the hands of the Welsh Government.
Giving evidence on July 16, Mr Miles suggested options for services outside of the NHS would be available in the private sector in Wales and England as in other parts of the world.
Pressed on whether ministers could refuse to implement elements, Wales' health secretary said: 'In devolved competence, yes, and even if the [Welsh] Government wanted to and the Senedd didn't want to approve it – the Senedd would have that ability as well.'
Mr Fox asked: 'On regulations – if they are not made by the Welsh Government and consequently approved by this Senedd, the NHS in Wales will not be able to provide assisted dying services – is that the case?'
'That is correct,' Mr Miles replied, later suggesting a decision on whether to provide services in the health service would be made after the next Senedd election in May 2026.
The Welsh Parliament rejected the principle of assisted dying in a historic vote last year, with Senedd members voting 26-19 against with nine abstaining.
The Senedd rejected a similar motion a decade earlier in December 2014.
But, this side of the election, politicians will get a vote on a legislative consent motion (LCM), the means by which the Senedd signifies consent for proposed UK laws in devolved areas.
While the Sewel convention states the UK Parliament would 'not normally' legislate on devolved matters without consent, it is not legally binding.
But Mr Miles suggested the vote would influence Welsh ministers' decision-making.
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