The Senedd would have the final say on whether to implement assisted dying in NHS Wales, but services could be available outside the public sector, the health secretary confirmed.
Peter Fox, the Conservative chair of the Senedd's health committee, sought clarity on the Welsh Government's position and its powers to implement assisted dying in Wales
Health secretary Jeremy Miles said the Welsh Government maintained a neutral position as he drew a distinction between enacting the UK end of life bill and its implementation.
He explained enactment is reserved to Westminster but providing voluntary assisted dying services in Wales is a discretionary power in the hands of the Welsh Government.
He told the committee: "Those services could only be introduced in devolved areas following regulations laid by the Welsh ministers...and subject to an affirmative Senedd vote."
"For anything which is in devolved competence there will need to be regulations passed by the Senedd before the service can be provided."
'Historic'
Giving evidence on Wednesday, Mr Miles suggested options for services outside of the NHS would be available in the private sector in Wales and England as in other parts of the world.
Pressed on whether ministers could refuse to implement elements, Wales' health secretary said: "In devolved competence, yes, and even if the [Welsh] Government wanted to and the Senedd didn't want to approve it – the Senedd would have that ability as well."
Mr Fox asked: "On regulations – if they are not made by the Welsh Government and consequently approved by this Senedd, the NHS in Wales will not be able to provide assisted dying services – is that the case?"
"That is correct," Mr Miles replied, later suggesting a decision on whether to provide services in the health service would be made after the next Senedd election in May 2026.
The Welsh Parliament rejected the principle of assisted dying in a historic vote last year, with Senedd members voting 26-19 against with nine abstaining.
The Senedd rejected a similar motion a decade earlier in December 2014.
'Huge change'
But, this side of the election, politicians will get a vote on a legislative consent motion (LCM), the means by which the Senedd signifies consent for proposed UK laws in devolved areas.
While the Sewel convention states the UK Parliament would "not normally" legislate on devolved matters without consent, it is not legally binding.
But Mr Miles suggested the vote would influence Welsh ministers' decision-making.
James Evans, the Tory shadow health secretary who backed assisted dying in October's vote, questioned the capacity of the NHS Wales executive and the Welsh Government.
His opposite number replied that he did not have particular concerns about the capacity to introduce regulations but said: "There is a huge system change that goes with it."
Mr Miles, who was among the majority of Senedd members to vote against assisted dying, pointed out that the LCM vote will be on a specific proposal rather than a principle.
'Two-tier'
He added: "My view is that ministers in the Senedd ought to be making the decisions about how this service is delivered in Wales and, indeed, whether it's delivered in Wales."
Mr Evans raised concerns about potential for a "two-tier" cross-border system as he warned assisted dying services in Wales could only be available privately for those who can afford it.
Mr Miles said equity of access, cross-border provision and workforce issues – such as health staff opting out of the assisted dying process – would be among the key considerations.
He explained Kim Leadbeater's bill would change the Suicide Act, which is largely reserved to Westminster, to allow non-public provision in Wales without regulations in the Senedd.
He said Wales has powers to regulate some independent health providers but he stressed it remains early in the bill's journey and: "We're talking about hypotheticals at this point."
He told the committee: "There are lots of choices that any government would have to make in terms of how such a service was developed and delivered."
Barry’s Own Daniel White to Walk 190 Miles Back to Where His Round Table Story Began
1,300 people attend Flying Start Family Fun Day
Dispersal order put in place to tackle anti-social behaviour
Interim Chief Executive Appointed at Cardiff and Vale University Health Board
Cardiff Theatre Marks 50 Years of Service for Long‑Standing Staff Member
Council to review use of GP letters as evidence for disability claims
Plans have been put in place to redevelop a complex with more than 20 flats
Vale Council Reaccredited Under White Ribbon Scheme as Part of Ongoing Work to Tackle Violence Against Women and Girls
Two Vale Restaurants Among Those Set to Close as Whitbread Shuts Brewers Fayre and Beefeater Chains
Vale Council Issues Safety Warning After Gas Canisters Found in Household Recycling
Cogan Primary School Praised for its Inclusive Culture and Strong Leadership in Estyn Inspection
Senedd Members Call to Tackle Substance Use Stigma
Calls for Welsh Government to Match England's Pub Business Rates Cut
Caerdydd Penarth MS backs campaign to make rail station more accessible
Barry Waterfront Regeneration Project Moves a Step Closer
Age Cymru Responds to VAT cut to household electricity bills
Old Post Office in St Brides Major could be converted into a new house and set of flats
Kanishka Narayan retains AI Minister role as Burnham Signals Early Priorities
Victorian Building on Broad Street could become a new daycare centre
