Select Committee on Delegated Powers and Regulatory Reform Fourteenth Report


PATIENT (ASSISTED DYING) BILL [HL]

INTRODUCTION

14.  This private Member's bill is introduced by Lord Joffe. Its purpose is mainly to enable those suffering unbearably because of terminal or serious and progressive illness to receive medical help to die.

DELEGATED POWERS

15.  There are delegated powers at clauses 1(2) (definition of "declaration") and 15.

16.  The power under clause 1(2) is a Henry VIII power to alter the form of declaration set out in the Schedule to the bill. It is to be implied that these regulations are in fact regulations under clause 15, which means that they are made by the Secretary of State and subject to affirmative procedure. In our view, this is appropriate, as the form has an unusual significance in the context of this bill.

17.  Clause 15 enables regulations by the Secretary of State to do four things by regulations. The first of these is "(a) to ensure that the intent of this Act is carried out". This provision is cast in wide terms and the House may wish to consider whether it should be circumscribed.

CONCLUSION

18.  Save for the comment made in paragraph 17 above, there is nothing in this bill to which the Committee wishes to draw the attention of the House.


 
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