Assisted dying bill: How could the Parliament Act be used?

The assisted dying bill – properly known as the Terminally Ill Adults (End of Life) Bill – is facing an extraordinary procedural logjam in the House of Lords. More than 1,170 amendments remain to be debated, organised into 89 groups for debate, yet only 20 of those groups have been reached after seven days in Committee. With just a handful of sitting Fridays left before the end of the Session, Lord Falconer has warned that the Bill is very unlikely to complete its Lords stages in time. In a letter to Peers, he has floated a list of possible compromise amendments but has also, for the first time, strongly indicated that the Parliament Act may need to be invoked to override the opposition of a small group of Peers and secure the Bill’s passage in the next Session.

Although rarely used, and never in relation to a Private Members Bill, the Parliament Act has been deployed before on highly contentious measures, most recently the Hunting Bill in 2004. Using it to force through the assisted dying bill would require intricate choreography in both the Commons and the Lords, as well as major political decisions about whether the government formally takes ownership of the Bill or whether it continues as a Private Member’s Bill. It would also raise difficult questions about how amendments are handled, and how far MPs and ministers are prepared to go to assert the primacy of the elected House in the face of sustained resistance from a small but determined group of Peers.

In this episode, we explore how the Parliament Act works, how it could be used in this case, and the political and constitutional trade-offs involved in relying on it to deliver this legislation.

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Parliament Matters is a Hansard Society production supported by the Joseph Rowntree Charitable Trust.

Presenters: Mark D’Arcy and Ruth Fox

Producer: Richard Townsend

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