Private Members Bills – lessons for SQE1 students

By Freedom Law Clinic | news | Published on November 29, 2024

On 29 November, the UK Parliament debates the Second Reading of the Terminally Ill Adults (End of Life) Bill, a Private Members’ Bill (PMB) that seeks to address the controversial issue of assisted dying. As the legislative process unfolds, this blog explores key procedural elements, the role of the government, and the broader implications for PMBs.


Key Procedural Considerations

1. Time for Debate
PMBs like this one often face limited parliamentary time. The Second Reading debate is expected to last just five hours, leaving little room for comprehensive scrutiny. This contrasts sharply with the scrutiny afforded to government bills, which usually enjoy more dedicated time at each stage.

2. Managing the Debate
The Chair will decide on time limits for speeches and whether to impose measures to prevent filibustering—a tactic sometimes used to delay or derail controversial bills. The Chair also manages closure motions to bring the debate to a vote before the 2:30 pm cut-off.

3. Voting Requirements
At least 40 MPs must be present for the House to be quorate. Key votes during the debate include motions for closure, consideration of any amendments, and the final vote on whether the Bill passes its Second Reading.


The Government’s Neutral Stance

The government has taken a neutral position, granting MPs a free vote on this highly sensitive issue. However, it still bears certain responsibilities, including:

  • Money Resolution: A government minister must table a resolution to approve the financial implications of the Bill.
  • Impact Assessment: Ministers must prepare an analysis of the Bill’s social and financial implications, particularly regarding healthcare and legal systems.
  • Devolved Engagement: Since the Bill affects Wales, the UK Government must consult the Welsh Government, especially given the Senedd’s recent vote against assisted dying.
  • Drafting Coherence: The government has a duty to ensure the Bill is legally and technically sound.

Parliamentary Challenges Ahead

Committee and Report Stages
If the Bill progresses beyond Second Reading, it will be scrutinized in a Public Bill Committee, where MPs can propose and debate amendments. The Committee’s work must be completed before the Bill returns to the House for its Report Stage, where time is again constrained.

House of Lords Consideration
After passing through the Commons, the Bill will face further scrutiny in the Lords. Amendments made here could delay the Bill’s progress, potentially putting it at risk of running out of time unless the government steps in to allocate additional hours.


A Tool for Social Reform? Lessons from History

PMBs have historically been instrumental in driving transformative social change, particularly in the 1960s with landmark reforms on abortion, capital punishment, and homosexuality. However, these successes often depended on government intervention to adjust parliamentary procedures, even when the government maintained neutrality.

The ongoing debate about assisted dying reflects broader concerns about whether the current PMB process allows sufficient scrutiny for complex and divisive issues.


Conclusion

The Terminally Ill Adults (End of Life) Bill exemplifies the challenges and opportunities of the PMB process. While it offers a vital platform for addressing sensitive issues, its success depends on navigating procedural hurdles, gaining parliamentary support, and securing adequate time for debate.

As Parliament revisits the debate on assisted dying, this Bill has the potential to shape the future of social reform legislation in the UK, continuing the legacy of impactful PMBs

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