Mixed Outlook for Assisted Dying Bills in Westminster and Scotland

Assisted dying bills in the United Kingdom have continued to progress, with legislation being debated for England and Wales, and proceeding separately in Scotland.

In Westminster, the Terminally Ill Adults (End of Life) Bill (“the Bill”) remains in the House of Lords, facing a mounting risk that it will run out of parliamentary time. In Holyrood, Liam McArthur MSP’s Assisted Dying for Terminally Ill Adults (Scotland) Bill (“the Scottish Bill”) has completed Stage 2 in the Scottish Parliament, with comparatively steadier progress.

England and Wales: Time Pressures Continue

After narrow passage through the House of Commons, the Bill for England and Wales has encountered obstacles in the House of Lords. Following a successful second reading, Peers have tabled more than 1,000 amendments for debate^[1], raising spirited objections from supporters of the bill. While some see the volume of amendments as a ‘filibustering’ tactic to talk the legislation out of time, the Bill’s opponents argue that it is deeply flawed and needs substantial reform to be fit to become law.

The Bill was initially given four committee days with which to discuss the proposed amendments. It quickly became clear that this amount of time was insufficient. To address the issue, the Government Chief Whip in the Lords allocated 10 additional Friday sittings between early January and late April - an unusually high grant of time for a private member’s bill. As of late January, the House of Lords had used five of the additional days allotted for debate but made less progress than hoped. At this halfway point, around 200 amendments have been addressed, leaving around 800 outstanding. Peers have agreed in principle to extend sitting time on days that the Bill is being debated but will now deliberate on how this will be implemented.^[2]

The time pressures facing this Bill still appear to be enormous. To pass the Bill, the Lords must agree a settled draft and then reconcile their changes with the Commons before the end of the current parliamentary session in spring 2026. Historically, assisted dying bills have failed to pass within parliamentary sessions - for instance in 2014 and 2016 - highlighting the very real risk facing this legislation.

The Bill has already seen significant amendment in the Commons before reaching the Lords. The original requirement for High Court approval of proposed deaths - criticised as impractical and lacking the necessary expertise - was replaced with a new model led by a Voluntary Assisted Dying Commissioner. The Commons also adopted a range of other measures including a conscience provision, restrictions on advertising assisted dying, and a four‑year implementation period. Issues that divided MPs included the scope of eligibility and how to define coercion.

The heavily amended legislation is now the basis for Lords scrutiny. Concerns persist across several areas, such how coercion can be legally defined, the interface with palliative care, and how the service can be funded without distorting NHS priorities. Those concerns have fed the volume of amendments and the slow pace of debate.

Even with additional time for debate, the timetable for this Bill is very tight. The House of Lords has so far progressed through only a small proportion of amendments; some peers argue that sufficiently scrutinising the bill in this session is unrealistic without the government leaning in to provide further time. Creative proposals, such as carrying the Bill over to the next Parliamentary session or bypassing the Lords using the Parliament Act, have been rejected by experts as not constitutionally feasible.^[3] As a result, the Bill faces a serious possibility of lapsing at the end of this parliamentary session.

Scotland: Steadier Progress for a Significantly Different Bill

By contrast, Scotland’s Assisted Dying for Terminally Ill Adults (Scotland) Bill has now completed Stage 2 of the Scottish Parliament’s legislative process, with MSPs considering close to 300 amendments over four weeks. The Scottish framework remains lighter than the Westminster model in terms of restrictions and safeguards. For instance, there is no requirement for a patient to receive a medical prognosis of natural death within a specific timeframe and there is no requirement for judicial oversight - with approval being made via two independent doctors.

The Scottish Health, Social Care and Sport Committee agreed a series of changes that strengthen protections for patients and practitioners, such as moving to an “opt‑in” model for clinician involvement and creating new criminal offences for coercion. The minimum age for assisted death has been increased from 16 to 18, reflecting concerns over the agency and maturity of young patients.

Whilst these amendments respond to several safety concerns, they stop short of introducing an England and Wales-style requirement for a multi-disciplinary review to approve proposed deaths. Certain conditions that have been expressly excluded from eligibility by the English and Welsh Bill, such as mental illness and disability, controversially remain in-scope for Scottish assisted death.

Proponents argue that the Scottish approach aligns with international practice and avoids unnecessary processes that are likely to create delay and offer little additional safety. Critics characterise the approach as reckless, given the broader eligibility and less robust examination of proposed assisted deaths before they go ahead.

The Scottish Bill will progress to Stage 3 of the legislative process, where it will be subject to further amendments, final debate, and a vote. Although there is a clearer route for the Scottish Bill to become law than the English and Welsh one, a relatively close vote at Stage 1 (70 in favour, 56 against) suggests that success for the Scottish Bill is not guaranteed.^[4]

Outlook for Both Bills

In Westminster, the additional time allotted to the Lords provides a window to complete scrutiny of the Bill and progress to a third reading, to reconcile with the Commons before the parliamentary session ends. Given the number of amendments and slow progress so far, it remains uncertain whether this will be achieved. If the Bill clears both Houses, the current text points to a four‑year implementation period, meaning commencement no earlier than 2030. If time expires, the measure will lapse and would need to be reintroduced in a future session in order make further progress.

In Holyrood, the Scottish Bill is ready to proceed to Stage 3 for further amendment and a final vote by legislators. Current progress suggests it is likely that the Scottish Bill will be approved by lawmakers in the coming months. If passed, observers will expect a lengthy period of drafting secondary legislation and implementation, in consultation with health and professional bodies.

We will continue to monitor the progression of these bills, and our team is on hand to assist with your regulatory queries.

Co-authored by Philip Gaffney, Graduate Solicitor Apprentice

^[1] Extra days added for peers to debate assisted dying bill - BBC News

^[2] Peers back calls for more time to debate assisted dying bill - BBC News

^[3] The assisted dying bill: A guide to the legislative process in the House of Lords

^[4] Assisted Dying for Terminally Ill Adults (Scotland) Bill | Scottish Parliament Website