Welsh NHS could refuse to offer assisted dying services, Health Secretary confirms
In a vote last October on the principle of assisted dying, Senedd members including the First Minister and Health Secretary voted against it, which means there is every chance that MSs could vote to block it.That in turn raises the prospect of assisted dying being legalised here in Wales but Welsh doctors prohibited from providing the service.Health Secretary Jeremy Miles has been giving evidence to the Senedd's Health Committee which has been trying to gain some clarity about the situation.Mr Miles told the committee that the Welsh Government has taken a neutral position on the proposals.He confirmed that Senedd Members do not have the power to block the change to the law itself, but could refuse to introduce regulations which would allow the NHS to offer assisted dying services.
The cabinet secretary said: 'In order for those regulations to be laid, which would be necessary in order for, for example, the NHS to provide this service in Wales, then a Welsh Government…would need to make a policy decision to be open to introducing the service, then to lay the regulations and for the Senedd to approve those.'So that's in relation to services provided in the public sector…by the NHS, because that's within devolved competence.'But he added that private sector health services here could introduce an assisted dying service, even if there was not one provided by the Welsh NHS.He said: 'Obviously the bill operates by way of amendment the suicide act. So there would be options in England and Wales for services to be provided other than in the public sector, as it is in other parts of the world, obviously.'He was pressed by the committee's chair, Peter Fox, for 'further clarity on regulations".
He was asked: "If they are not made by Welsh Government and consequently approved by the Senedd, the NHS in Wales will not be able to provide assisted dying services.?'Mr Miles replied: 'That is correct.'
Committee members raised concerns about confusion if different regulations and services were to be offered within Wales and across the border in England.
Mr Miles said: "I accept, as is quite often said, that if you live on the border, perhaps there's more uncertainty. But as you say, we have been through a period [the Covid pandemic] when the law was clear and different on either side of the border, ways of implementing that are effective."
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