Peers slam threat of Parliament Act to ensure assisted dying Bill becomes law

Peers have hit out at the potential use of a rarely-used parliamentary law to drive through the assisted dying Bill and override any objections from the House of Lords.

Use of the Parliament Act to revive the Terminally Ill Adults (End of Life) Bill from the House of Commons, if it runs out of time in the House of Lords, would be unprecedented, Conservative former minister Lord Ahmad of Wimbledon claimed.

Meanwhile, unaffiliated peer and former editor of the Telegraph, Lord Charles Moore of Etchingham, said an interview by proposer of the Bill, Labour’s Lord Falconer of Thoroton, where he suggested the Parliament Act could be used, had “prejudiced” discussions in the upper chamber.

The comments came as the House of Lords entered its eighth day of debate at committee stage on the Bill. There has been speculation that the Bill could fall if peers do not get through the over 1,000 amendments that have been tabled.

Supporters of the Bill have repeatedly claimed those against it are trying to talk out and filibuster the legislation.

Lord Falconer suggested on Thursday that the Parliament Act could be invoked if it runs out of time in the House of Lords. It can be used for Bills that have been backed by the Commons in two successive sessions, but have been rejected by peers.

It would allow a Bill to pass into law without Lords approval. Backers of the Bill have said they are confident the Act would apply if the Bill was taken through the Commons again.

Speaking at the start of the debate, Lord Ahmad, who has held ministerial roles in the Foreign Office, Home Office and Department for Transport, said: “There has been, this week, regrettably much discussion about the use of the Parliament Act when it comes to the workings of this Bill.

“I have asked the Chief Whip (Lord Kennedy of Southwark) to clarify the fact that the private member’s Bill we have in front of us, it would be unprecedented indeed if the Parliament Act was to be used in this regard.”

He told colleagues the last time it was used was the Hunting Act 2004, which was brought by the then-Labour government. The assisted dying Bill is being put forward as a private member’s Bill, and is not backed by the Government.

“We would be setting a very different precedent if this was to happen,” Lord Ahmad said.

Lord Moore referenced the interview given by Lord Falconer on BBC Radio 4’s Today programme on Thursday.

He said: “I do think that what he said there made it very difficult for the proceedings that are about to ensue, because he threatened … the Parliament Act.”

The peer added: “It seems to me that what (he) said on the Today programme prejudices what we are about to do in the next six or seven days.”

Non-affiliated peer Baroness Fox of Buckley said: “I’ve been told by members of the public: ‘Oh, I see that the Bill is going to invoke the Parliament Act, so what’s the point?’

“Some of them have been supportive of the Bill, some of them have been worried about the Bill, but everyone seems to think that’s what’s happening.”

She added: “It’s quite demoralising to be in a situation where you’re told you’re effectively wasting your time.”

In a statement, Lord Kennedy said: “Decisions on the application of the (Parliament) Act are for the House of Commons.”

He later told peers: “In terms of a (private member’s Bill) being brought back by the Government, the Government has no intention of bringing this. This will remain a private member’s Bill.”

“At the end of the day, this House will decide what happens with this Bill. Nobody else will decide that. It’s up to this House.”

Claims of filibustering were raised again on Friday before the debate got under way. Top barrister Lord Pannick KC, a crossbench peer, said: “The reason why the Parliament Act is being discussed at the moment is because this is day eight of this committee and we are still on clause one.”

However, former environment secretary Lord Deben said the perceived slow rate of progress was because peers had received “no answers on any of the points that have been raised”.

“I am a little bit tired of this general campaign which suggests that this House, in doing its job, is somehow behaving badly,” the Conservative lord said.