What is a private bill before contentious assisted dying vote?

November 28th 2024.

What is a private bill before contentious assisted dying vote?
The Assisted Dying Bill is a topic of great controversy and it is set to be voted on by Members of Parliament tomorrow. This bill, proposed by Labour backbench MP Kim Leadbeater, aims to give adults with terminal illnesses the right to choose to end their own life on their own terms. The bill would only apply to those who are over 18 years old, have the mental capacity to make such a decision, and have a prognosis of six months left to live. This would also require the consent of two medical professionals.

This bill was introduced in mid-October as a Private Members' Bill, which are bills brought forward by MPs and peers who are not part of the government. However, it has been fast-tracked to a vote, causing concern among members of the house on both sides of the debate. Some are worried about the speed at which the bill is being brought to a vote, while others believe that there are not enough safeguards in place to protect vulnerable individuals.

The vote on Friday will be a 'free vote', meaning that MPs can vote according to their own personal beliefs and those of their constituents, rather than being directed by party whips. If this bill is passed, it will be one of the most significant Private Members' Bills to become law in recent memory. But what exactly are Private Members' Bills and why are they so difficult to pass?

Private Members' Bills are proposals for new laws or changes to existing ones that are put forward by MPs who are not part of the government. They play a crucial role in allowing backbench or opposition MPs to shape the legislative agenda and advocate for causes that may not have been included in the ruling party's manifesto. These bills often address niche issues, personal causes, or emerging social concerns. While they may not always become law, they are important in sparking debates, influencing public opinion, and even prompting the government to take action on overlooked issues.

One of the reasons Private Members' Bills are significant is that they allow the government to test the waters on controversial issues without publicly committing to them. This has been used in the past to gauge support for major social reforms such as abortion, civil partnerships, and the decriminalisation of homosexuality.

The main difference between a Private Members' Bill and a government bill is the person who introduces it. Private Members' Bills are brought forward by MPs outside of the government, while government bills are proposed by ministers and reflect the administration's main legislative agenda. Government bills have a higher success rate due to their priority in the legislative schedule and the backing of the ruling party. Private Members' Bills, on the other hand, often struggle to secure time for debate and may not gather enough support to progress further. They also rely solely on the resources and efforts of the individual MP who proposes them.

There are two ways to get a Private Members' Bill debated - through a Ballot Bill or the Ten Minute Rule. The start of each Parliament session sees backbench MPs who want to table a bill put their names into a ballot. Twenty-five are then selected as 'Ballot Bills', giving them priority over other Private Members' Bills and a better chance of becoming law. The other way to table a bill is through the Ten Minute Rule, where MPs are given a ten-minute window in parliament to present their position, which another member may oppose. This is a good opportunity to raise the profile of an issue and gauge support among other MPs.

Kim Leadbeater was the first MP of the current parliament to be granted a Ballot Bill, which she used to table the assisted dying bill. But why are Private Members' Bills so difficult to pass into law?

One of the main challenges these bills face is securing time for debate. With limited slots for Private Members' Bills, many proposals go unheard or unfinished. Even when they do make it to debate, they must overcome political hurdles as they do not have the backing of the government. This can make it difficult to gather the majority support needed for passage. Additionally, Private Members' Bills often lack the resources and preparation that government bills have, making them less polished and harder to implement effectively.

Despite these difficulties, Private Members' Bills still hold value. They bring attention to niche or emerging issues, shape public discourse, and sometimes even push the government to take action on overlooked topics. The vote on Friday for the assisted dying bill will be a significant moment in the history of Private Members' Bills, and the outcome will have a profound impact on individuals facing terminal illnesses.

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