End of the road? Assisted dying legislation stalls across the UK

In a series of articles, we have tracked the progression of the Terminally Ill Adults (End of Life) Bill (“the Westminster Bill") through the UK Parliament, as well as the parallel Assisted Dying for Terminally Ill Adults (Scotland) Bill (“the Scottish Bill") before the Scottish Parliament. Despite general public support for assisted dying, both bills have now effectively fallen. The Scottish Parliament have voted to reject the Scottish Bill, whilst the Westminster Bill now seems certain to expire in the House of Lords before the end of the current parliamentary session.

Defeat of the Scottish Bill

On Tuesday 17 March 2026, MSPs voted 69 to 57 to reject the Scottish Bill at its final, Stage 3 vote. The legislation, introduced by Scottish Liberal Democrat MSP Liam McArthur, would have allowed terminally ill, mentally competent adults to seek medical assistance to end their lives. It was the third assisted dying bill to come before the Scottish Parliament since devolution in 1999, but the first to progress beyond an initial Stage 1 vote, having passed that initial hurdle by 70 votes to 56. 

In a concession during the final stages of debate, McArthur agreed to limit eligibility to individuals judged to have six months or fewer left to live, having previously argued that such a time bar was arbitrary, alongside 175 amendments being made to the legislation at Stage 3. While this showed determination to win the support of wavering MSPs, the efforts ultimately proved insufficient.

The word that dominated the speeches of those who opposed the Scottish Bill was "coercion". Independent MSP Jeremy Balfour warned that there could be "no meaningful protection" against coercion, whilst Pam Duncan-Glancy, the first permanent wheelchair user elected to Holyrood, urged MSPs to "choose to make it easier to live than to die". Several MSPs raised concerns about the adequacy of protections for medical professionals and a lack of oversight of doctors who would authorise the process.

Other opponents focused on the state of palliative care. The SNP's Ruth Maguire argued that patients did not have "a free choice" if they did not have access to good palliative care. Brian Whittle of the Scottish Conservatives said he believed cuts to social care made it too unsafe to support the Bill.

Supporters of the Scottish Bill made emotive contributions in the final debate. McArthur described a ‘no’ vote as "unforgivable". SNP MSP George Adam spoke of his wife who suffers from multiple sclerosis, telling parliament: "if the worst should ever come to her…she would want a choice". Conservative MSP Sandesh Gulhane, a practicing GP who also chaired the legislation’s medical advisory group, said 81% of Scottish voters supported the measure.

Ultimately, the Bill was defeated by a coalition of Labour and Conservative opponents and 22 SNP MSPs - including First Minister John Swinney, who had made his opposition clear from the outset. Twelve MSPs who had backed the Bill at Stage 1 voted against it at Stage 3. 

Next steps in Scotland

Following the vote, McArthur said he was "devastated" but has ruled out personally reintroducing the legislation in the next parliamentary term. In the longer term, he stated that “the issue is not going away” and suggested his confidence that “the next attempt to get this over the line will be successful”. Any future attempt to revive the issue would require a new bill to be introduced in a new parliamentary session, and there is no certainty as to when or whether another MSP will take up the cause.

In the immediate aftermath, improving palliative care has emerged as a key issue. First Minister John Swinney has indicated that improving this care will be a "priority" for the Scottish Government.

The Westminster Bill looks set to run out of time

The Westminster Bill, which seeks to legalise assisted dying in England and Wales, has had a difficult passage since clearing its Third Reading in the House of Commons by a margin of only 23 votes. 24 MPs changed their stance to oppose the Bill at Third Reading and a further 21 abstained, indicating waning confidence in the legislation.

The Westminster Bill passed its Second Reading in the House of Lords without a formal vote, but the debate revealed deep divisions. Since then, more than 1,200 amendments have been tabled by peers - mostly by opponents of the legislation. After 13 of the 14 allocated days for debate have elapsed, little over half of these amendments have been considered. With only two further days scheduled before the end of the parliamentary session, supporters have said it is "effectively impossible" for the Bill to complete its remaining stages of scrutiny and face a final vote.

Kim Leadbeater MP, the Bill's sponsor, has labelled the long delays in the House of Lords "fundamentally undemocratic”. Supporters argue that a small number of peers have been engaged in what amounts to filibustering. Opponents deny this, arguing that the volume of amendments is justified by the Bill's flaws and the severe risks that it poses to vulnerable people. The recent rejection of the Scottish Bill in the Scottish Parliament, where it is generally perceived that legislators were receptive to the concept of assisted dying, may sap more confidence away from supporters in Westminster.

The legislation is now expected to run out of time on 24 April 2026, its last scheduled day of debate before the end of the parliamentary session. More than 100 Labour MPs have written to Prime Minister Keir Starmer urging him to ensure the Bill is given additional parliamentary time. However, it has been suggested that further intervention is not likely^[1].

Impact on the Assisted Dying Debate

The failure of the Scottish Bill and the near-certain demise of the Westminster Bill represent a major setback for supporters of the assisted dying movement in the United Kingdom.

In Scotland, the defeat was driven by concerns around coercion, the adequacy of safeguards for vulnerable groups, and the state of palliative care provision. At Westminster, similar concerns have seen the Bill has fall victim to procedural obstacles in the House of Lords. 

Proponents of assisted dying have argued that the issue is "not going away". However, any renewed legislation will need to contend with the same fundamental challenges that have been raised in relation to these bills: building consensus on safeguards against coercion, addressing deficiencies in palliative care, and establishing the role of clinicians and the NHS in the assisted dying process. We will continue to monitor developments in this area, and our team is on hand to assist with your regulatory queries.

Co-authored by Philip Gaffney, Graduate Solicitor Apprentice
 

^[1] Starmer unlikely to allocate more time for assisted dying bill, ministers believe | Assisted dying | The Guardian