Contribution
Diolch yn fawr iawn, Dirprwy Lefarydd. I rise to speak to amendments 39 to 41, which stand in my name; clause 47, on the provision of information in Welsh and English; and new clause 21, which was tabled by the hon. Member for Spen Valley (Kim Leadbeater). Others have touched on the Welsh language, and I will touch on the settlement in Wales as well.
In relation to the Welsh language, we are talking about something that is quite conventional: forms and guidance should be available in written Welsh. However, of much more significance is the opportunity for people to use Welsh—it may well be their first language—in dealing with the provisions in this Bill. My amendments would ensure that “all reasonable steps” are taken to find a co-ordinating doctor and an independent doctor who can question people in Welsh where necessary. I would dearly like it to be more than “all reasonable steps”, but the reality is that we have to deal with the staff who are available and the language skills that they have.
I thank the hon. Member for Spen Valley for tabling new clause 21. It recognises that it is really important for a Welsh-speaking individual to be able to communicate in the language in which they can best express themselves when it comes to the assisting dying review panel, because that is the final stage at which we will recognise whether there are questions of coercion and capacity. I welcome the fact that there are different clinical specialists on the panel; I believe that having an expert psychiatrist and a social worker will help to identify potential questions of coercion and capacity, because they will have different approaches to those questions.
I must step back to the reality of how Welsh language speakers can use Welsh in the justice system, which is where the assisted dying review panel comes in. In the justice system, an individual has the right to speak Welsh. If they use Welsh in a court, an interpreter will be used to interpret their words to the people to whom they are speaking. That is not acceptable in this context. This is the most serious and most desperately difficult conversation that people will have, and they must be able not just to speak Welsh, but to be heard in their own language, if all the subtleties and what they really want to express are to be heard. I will not press my amendments 39 to 41, and will support new clause 21 wholeheartedly.
I turn to the Senedd powers, particularly those in clause 54. I welcome new clause 20, which provides clarity on the responsibility of Ministers in the Welsh Government and the UK Government, but there are two issues here: the clarity of powers, and respect across legislatures. I have concerns about amendments 94 and 95, tabled by the hon. Member for Spen Valley, which would amend the amendments moved by the hon. Member for Richmond Park (Sarah Olney) in Committee. What did those amendments do? They ensured a vote in the Senedd to decide when the Bill will come into force in its entirety in Wales.
The Scottish Parliament passed stage two of the Assisted Dying for Terminally Ill Adults (Scotland) Bill on 13 May. Such a Bill could not be brought forward in Wales, because Wales has no powers over criminal law. The Bill that we are discussing today could not be brought forward in Wales. Although I appreciate what the hon. Members for Cardiff West (Mr Barros-Curtis) and for Monmouthshire (Catherine Fookes) said about the devolution settlement, and I am glad that we have clarity, there is also a question of respect for decisions already made in the Senedd. As things stand, what does the Senedd have to do? It will be required to pass a legislative consent motion, as required by the Sewel convention, but that can be ignored by the UK Parliament. This legislation effects action in Wales, but the Sewel convention can be overridden, as can an LCM.
The second thing that can happen in the Senedd—and this will be expected—is in those areas that are within the power of the Senedd. On commencement, a decision is required on the provisions of the Bill that have devolved competencies: specifically, the NHS in Wales. Bear in mind that if that consent is refused in Wales, the Bill, if enacted, can be brought in only in the private sector. That decision lies with the Senedd.