Latest news with #LCMs
BBC News
10-04-2025
- Health
- BBC News
Senedd 'sidelined' by Westminster mental health law
Important changes to mental health laws in Westminster are "sidelining" the Senedd, a group of politicians say a Welsh government decision to rely on the UK parliament "undermines" devolution and limits Senedd members' (MSs) influence over going through a crisis will no longer be held in police cells under the UK Labour government's Mental Health Welsh government says it will create "a coherent system of rights across Wales and England". Devolution gives the Senedd powers to legislate, or create laws, for certain policies, including the Welsh government can also ask Westminster to legislate on its Senedd is being asked to approve of the bill applying to Wales by passing a legislative consent motion (LCM).Votes on LCMs happen after a debate in the chamber, but the process is much quicker than passing made-in-Wales bills which can take Senedd's legislation, justice and constitution committee says it "has the effect of sidelining the Senedd as a legislature" and preventing MS from "having an opportunity to scrutinise legislation and seek changes, often based on issues raised by, and the experiences of, their constituents".Westminster bills should only change devolved public health policies in "exceptional circumstances such as an emergency", it says in a report on the LCM."We consider that the Welsh government's decision to use a UK government bill to legislate for Wales in relation to mental health, which excludes the Senedd as a legislature and from engaging with stakeholders in Wales, undermines devolution," it minister Sarah Murphy said the reforms "modernise mental health legislation to give patients greater choice, autonomy, enhanced rights and support, and ensure everyone is treated with dignity and respect throughout treatment". 'Cross-border' "There is a significant amount of cross-border provision of mental health services between Wales and England," she said."Not making provisions in this Bill risks increasing divergence between services available in the two countries."Government sources say they worked with the UK government on this "complex" bill to avoid a "fragmented approach", with different policies in Wales and Welsh government said it had received the report and was "considering its contents before responding in due course".In a separate report, the Senedd's health committee says opportunities for MSs to scrutinise the Mental Health Bill are "extremely curtailed", but that it saw no reason to block the votes are largely symbolic because they do not legally tie the hands of the Westminster convention the UK government will "not normally" legislate in devolved areas without the Senedd's the cross-party legislation committee has repeatedly complained about legislation bypassing the Senedd. Relying on UK bills creates a "democratic deficit", it has said Wednesday (9 April) it was confirmed that the Senedd will face an LCM vote on a bill to legalise assisted dying.
BBC News
09-04-2025
- Health
- BBC News
Assisted dying law will need Welsh Parliament vote
Politicians in Cardiff Bay are to get a vote over whether controversial Westminster legislation to legalise assisted dying should apply to members will have to decide whether to give consent for Labour MP Kim Leadbeater's legislation to apply in Wales, should it be agreed by the UK passed in March by MPs could also give Senedd politicians and ministers power over when most of the law comes into October Senedd members - including First Minister Eluned Morgan and Health Minister Jeremy Miles - voted against the broader principle of assisted dying. If agreed by MPs, Leadbeater's legislation would make it legal for over-18s who are terminally ill to be given assistance to end their own UK and Welsh governments have remained neutral on the backbench and Leadbeater met to discuss the bill earlier this week. On Wednesday the Welsh government published documentation confirming Labour ministers in Cardiff believe Leadbeater's bill requires the consent of the it amends the law regarding suicide - something which the UK Parliament is responsible for in Wales - the Welsh government says parts of the law tread into matters that the Senedd is usually responsible includes the chief medical officer drawing up guidance on how the act operates, and powers for Welsh ministers to provide assisted dying means that the Senedd needs to pass what is known as a "legislative consent motion" (LCM).When they were first envisaged parliament was not meant to legislate in devolved areas without the Senedd's permission via an LCM, but it is not legally binding and can be Labour, however, promised to "strengthen" the convention behind LCMs at the last general election. A committee of MPs has been amending the bill. In March it agreed by a small margin that Welsh ministers should have powers to start most of the legislation's the amendment, which was backed by 12 votes to 11 and proposed by Liberal Democrat MP Sarah Olney, the Senedd will have to vote on regulations to bring the law into a decision would only take place if the law gets through the UK Parliament - itself not certain - while the LCM would likely be held proposal was opposed by UK Labour ministers Stephen Kinnock and Sarah Sackman, as well as Leadbeater the committee in March, Olney said: "Regardless of where we stand on assisted dying, we should respect democracy. Referring to the October vote, she said: "The people of Wales, through their elected representatives - acting as they should, as representatives - have voted against assisted dying. "We should respect that choice and not impose it on them, in whole or in part, without their consent."But Aberavon MP Kinnock said the amendment could potentially "create a disparity, particularly in relation to the introduction of the criminal offences, and a lack of certainty". Ministers and Senedd 'could block bill' The amendment followed evidence to the committee by Aberyswyth University emeritus professor Emyr Lewis, who asked the MPs to consider whether ministers should be given powers over when the legislation begins to apply when the Senedd had rejected the broader told BBC Wales he had questioned whether it would be "constitutionally appropriate" for Parliament to have ignored the earlier Senedd vote."We know the Senedd has rejected this. Is it right that... the parliament in London should impose, if you want to put it that way, on Wales this change in the law, which is going to have far reaching effects?"He said that if the Senedd supported the bill it could be brought in in Wales, should it be passed by MPs, as it would be in England."If, however, the feeling in Wales remains as it was when the matter was voted on before then this very morally and legally far reaching bill won't be brought into force in Wales if the people of Wales don't want it."He told BBC Wales that the Olney amendment could give ministers in Cardiff powers to block the law professor said: "Welsh ministers could block it and so could the Senedd in Wales." The Senedd vote last October saw 26 Members of the Senedd opposing Labour MS Julie Morgan's motion with 19 MSs in support versus nine bill is narrower than Morgan's motion, specifying it would apply to over-18s who are expected to die within six months, with a number of measures intended to act as vote proposed that suffering "intolerably" from an incurable physical condition should have the option of an assisted death. Former counsel general Mick Antoniw has said he expects a different difference between the law and the earlier Senedd vote was acknowledged in the committee's debate on Olney's said the Morgan motion was "very different from the legislation before this Parliament".She said changes made to the bill allowing ministers powers to make regulations about voluntary assisted dying services would "hopefully also provide some reassurance on issues around devolution". A spokesperson for Kim Leadbeater said discussions with the Welsh government "have been very constructive and Kim is determined to respect the devolution agreement and work with Welsh ministers in the interests of terminally ill people in both England and Wales".The Welsh government said: "This is a complex issue with many moral, operational, constitutional and legal considerations, and like the UK government we have adopted a neutral position."
