Assisted Dying – The role of the House of Lords
Last week we noted that House of Lords was to debate the core aims of the Terminally Ill Adults (End of Life) Bill across two days on Friday 12 and Friday 19 September, the second date being within the House of Lords recess period allocated for Party Conferences. On 11 September 2025, the House of Lords Select Committee on the Constitution published Terminally Ill Adults (End of Life) Bill, (HL Paper 177); this states:
“We draw the attention of the House to the fact that, as a private members’ bill, this Bill did not undergo pre-legislative scrutiny and that impact assessments issued by the Government, which is not the sponsor of the Bill, were issued late during the Commons process. The degree of deliberation, assessment and scrutiny is therefore significantly less than we would expect to see for an equivalent government bill. This is especially concerning given the subject matter of the Bill.
The role of the House of Lords
There has been some debate as to the role of the House of Lords in scrutinising this Bill, especially over whether it is appropriate for the House to debate the principle of assisted dying which has now been accepted by the Commons.
8. As the Bill is not a government bill, the Salisbury-Addison convention, which is that “bills foreshadowed in a government’s manifesto are given a second reading in the Lords, are not subject to wrecking amendments and are passed in reasonable time”, does not apply.[ref. 4]. Therefore, there is no reason for the usual scrutiny role of the House to be constrained.
9. We have previously concluded that the two Houses “have different, complementary roles, which contribute to the overall effectiveness of the legislative process”.[ref. 5]. Given that this Bill is a private members’ bill and that it deals with a morally significant subject, close and detailed scrutiny by both Houses is particularly important.
10. The House of Lords plays an important role in the legislative process. It is constitutionally appropriate for the House to scrutinise the Bill and, if so minded, vote to amend, or reject it.”
The first day’s day of the debate is reported here. An analysis of the speeches by Right To Life UK Policy Team indicated that of the 86 peers who took a position on the Bill in their speeches, 58 (67%) spoke in opposition to the Bill and 28 (33%) spoke in favour. A further three Peers did not take a position (This accords with accounts of other observers). At the Second Reading in the House of Commons, a majority of MPs spoke in favour of the Bill (25 spoke in favour, 21 spoke in opposition).
Of relevance to on-going proceedings, Matthew England and Ruth Fox of the Hansard Society have published A guide to the legislative process in the House of Lords.
A crem is a crem is a crem? – update