Mark and Ruth look at increasing concerns in the House of Commons that the time constraints around private members legislation could prevent Kim Leadbeater’s bill from receiving the level of debate and scrutiny the issue demands.
If MPs are perceived to have reached a decision on anything other than the merits of the Bill, the House of Commons will risk looking ridiculous. So, should the Government step in to ensure there’s enough time for consideration in the Chamber and in Committee, while remaining neutral on the merits of the policy? Or might Ministers prefer to sit on their hands?
Also, as the Government’s proposal to remove the remaining hereditary peers from the House of Lords clears the Commons, how will the denizens of the Upper House respond? The Shadow Leader of the Lords warns the “execution will be up close and personal,” with Peers having to march through the lobbies to approve the Bill, under the watchful gaze of the colleagues they will be voting to exclude.
And finally, an embarrassing blunder: the Government has discovered that it has been unlawfully charging fees for UK visa applications for years and is trying to quietly regularise its mistake. The House of Lords Secondary Legislation Scrutiny Committee is not impressed with the Home Office. It’s a painful example of the perils of delegated legislation.
Parliament
Kim Leadbeater MP, Terminally Ill Adults (End of Life) Bill (012 of 2024-25 Session)
Hansard Society
Constitution Unit, UCL
D. Natzler, What future for the Terminally Ill Adults (End of Life) Bill? (4 November 2024)
The Conversation
D. Gover, Assisted dying bill enters parliament – how likely is it to become law? (16 October 2024)
House of Lords Secondary Legislation Scrutiny Committee
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[00:00:00] You are listening to Parliament Matters, a Hansard Society production, supported by the Joseph Rowntree Charitable Trust. Learn more at hansardsociety.org.uk/pm..
Ruth Fox: Welcome to Parliament Matters, the podcast about the institution at the heart of our democracy, Parliament itself. I'm Ruth Fox.
Mark D'Arcy: And I'm Mark D'Arcy. Coming up this week.
Ruth Fox: A matter of life and death. The Assisted Dying Bill has been published. It's possibly the most important private member's bill since the 1960s. So what happens next?
Mark D'Arcy: As the bill to remove hereditary peers from the House of Lords heads for a rendezvous with their lordships, the Shadow Leader of the House warns the execution will have to be done at close quarters.
Ruth Fox: And the Government has got itself in a legislative tangle over visa fees it shouldn't have charged.[00:01:00]
Mark D'Arcy: But first, Ruth, before we get into the Assisted Dying Bill, I think I should just offer a little apology. Both of us have been slightly under the weather this week. The voices are a bit croaky, the coughs come out occasionally despite our best efforts to restrain them. So listeners, please do bear with us. It's autumn in London and the viruses are about and we've both had them, so apologies in advance.
But let's talk now about the Assisted Dying Private Members Bill that's finally been published, that will be heading for debate in a couple of weeks time in the House of Commons. It's probably the most important, biggest, most controversial Private Members Bill since really the 1960s and the heroic age of Private Members Bill legislation when homosexuality was legalised, when abortion was legalised, both huge social measures that MPs were supposed to vote on their conscience for.
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In our latest ‘Whipping Yarn’, we talk with Simon Hart, former Conservative Chief Whip during Rishi Sunak’s Premiership. Hart opens up about his time in one of Westminster’s most demanding and discreet roles, chronicled in his new book, ‘Ungovernable: The Political Diaries of a Chief Whip’.
If a crisis or major national event occurs during a period when Parliament is adjourned, there are often demands from MPs, the media and the public for Parliament to be ‘recalled’. But the House of Commons Standing Orders stipulate that only Government Ministers - in reality, the Prime Minister - can ask the Speaker to recall the House. In recent years the House of Lords has generally been recalled at the same time as the House of Commons.
In response to the Modernisation Committee's call for views on 17 October 2024, we submitted evidence outlining key areas we believe the Committee should prioritise. Our submission recommended a focus on: strengthening legislative scrutiny, with particular emphasis on reforming the delegated legislation system; enhancing financial scrutiny, especially in relation to the Budget and the Estimates; addressing strategic gaps in parliamentary scrutiny; making more effective use of parliamentary time; and reviewing the Standing Orders, language and rituals of the House of Commons.
This briefing explains what to watch for during the Second Reading debate of the Terminally Ill Adults (End of Life) Bill on 29 November. It outlines the procedural and legislative issues that will come into play: the role of the Chair in managing the debate and how procedures such as the 'closure' and 'reasoned amendments' work. It looks ahead to the Committee and Report stage procedures that will apply if the Bill progresses beyond Second Reading. It also examines the government's responsibilities, such as providing a money resolution for the Bill and preparing an Impact Assessment, while addressing broader concerns about the adequacy of Private Members’ Bill procedures for scrutinising controversial issues.
In this ninth instalment of our special mini-podcast series, we continue to explore the latest developments in the progress of the Terminally Ill Adults (End of Life) Bill, often referred to as the assisted dying bill. We are joined by Dr Marie Tidball MP to discuss the amendments she has secured for a Disability Advisory Board and an independent advocate for people with learning disabilities.
