Why has the assisted dying bill failed?

The legislation aimed at legalizing assisted dying in England and Wales is facing a deadline as the House of Lords concludes its final session on Friday. In its present state, the Terminally Ill Adults (End of Life) Bill would permit individuals aged 18 and above, with a life expectancy of six months, to receive assistance in ending their lives, contingent on specific safeguards. A distinct proposal in Scotland, designed to legalize assisted dying, was turned down by the Scottish Parliament earlier this year.

Labour MP Kim Leadbeater introduced the bill to Parliament in October 2024, classifying it as a private member’s bill since it originated from a non-ministerial representative. Following extensive Commons discussions, the bill was initially endorsed by a majority of 55 in November. A specialized committee then deliberated on over 500 proposed adjustments, leading to a subsequent vote in June where it advanced to the Lords by a margin of 23.

Since its arrival in the Lords, more than 1,200 amendments have been suggested by peers—exceeding the typical volume for a backbench proposal. Advocates for assisted dying argue this surge in changes reflects obstruction by opponents, emphasizing the undemocratic nature of unelected members delaying a law already backed by elected MPs. Critics, however, maintain that these amendments are essential to refine the bill and safeguard vulnerable individuals.

Despite additional time allocated for debate, the vast majority of amendments remain unaddressed, leaving insufficient time for discussion on Friday. This has resulted in the bill’s likely demise by the end of the parliamentary session. Prime Minister Sir Keir Starmer, prior to his election, had publicly endorsed assisted dying and pledged parliamentary time for a vote if a backbench MP proposed it. Yet the government now positions itself as neutral, allowing parties to treat the issue as a matter of personal conscience.

Ministers have excluded the bill from government legislation time, but the Lords’ chief whip granted an extra 10 Friday sessions for debate. Fridays are traditionally reserved for non-government matters, and private member bills cannot carry over into the next session. This means any future attempt to pass assisted dying laws would require a fresh start.

Contingency Measures and Future Prospects

Lord Falconer has threatened to invoke the Parliament Act—a rarely used legal tool—to push the bill through. The act enables a bill passed by the Commons to override a Lords rejection in a new session, bypassing peer approval. While this could be unprecedented for a private member’s bill, experts note its implementation would be complex.

Supporters of assisted dying have said they will try and reintroduce the bill if they are successful in the Private Members’ Bill ballot. Twenty MPs are drawn at random, who then get a chance to propose a bill, with those drawn last given priority for debate. But there’s no guarantee a supporter of assisted dying will be chosen—or that their bill will get through Parliament. Even if they are, MPs may not vote in the same way they did the first time round, so there’s still a possibility it could fail again.