Supporters of assisted dying are exploring a rare parliamentary procedure to bypass opposition in the House of Lords, potentially invoking the Parliament Act to ensure their Bill reaches the statute books.
This extraordinary step could be taken if the Terminally Ill Adults (End of Life) Bill fails to secure approval from peers before the King’s Speech in May.
The legislation, which gained support in the Commons last year, is currently undergoing scrutiny in the upper chamber.
However, with time running out, proponents of the measure have accused some Lords opponents of filibustering, citing the tabling of over 1,000 amendments – a record number for a private member’s Bill.
Critics insist they are simply doing their job, arguing the legislation is not safe in its current form and needs to be strengthened.
Former justice secretary Lord Charlie Falconer, who is sponsoring the Bill in the upper chamber, warned on Thursday: “If opponents think this issue will just go away if it’s talked out in the Lords then they are wrong.”
“Together with Kim Leadbeater MP, who introduced the Bill in the Commons, I have sought advice on the possible ways forward and it is clear to me that, while we would strongly urge the Lords to come to a conclusion while there is still time, the Parliament Act is an option,” he said.
“One way or another, Parliament has to come to a decision on this. The elected chamber has voted for it. By a very large margin, the public support it.”
He added: “And thousands of families with personal experience of the cruelty and injustice of the current law are depending on Parliament to deliver on the promise to legislate.”
Supporters have insisted they are confident the Parliament Act would apply if the Bill was taken through a second time.
The legislation allows for Bills that have been backed by the Commons in two successive sessions but rejected by peers to pass into law without Lords approval.
Backers of the assisted dying legislation say there are precedents for the Act being used in relation to so-called “conscience issues”.
Only seven Bills have been passed using the powers under section 2 of the law, including the Hunting Act 2004.
A source close to Labour MPs and peers opposed to the Bill said threats to use the “nuclear option” of the Parliament Act to force it through were “the act of a bully who knows they are losing the argument on the substance”.
They said the Bill was “dangerously flawed” and would “hurt vulnerable people”.
“Nearly all the professional and expert groups consulted on this have raised massive concerns about danger it poses to vulnerable people, none will say it is safe,” they said.
“MPs who passed this Bill in the Commons knew this, with many asking the Lords to fix the problems.
“People need to be very clear, using the Parliament Act to force this through would mean that none of the known issues with the Bill would be fixed.
“Every MP who voted to force it though would bear responsibility for the inevitable suffering and deaths of vulnerable people.”
