The UK Government refusing Royal Assent for the Assisted Dying Bill over European Convention on Human Rights concerns does not amount to a constitutional crisis, a leading legal expert says.
In his blog professor Peter Edge writes: “The short answer is no. But this is because of the basis for the refusal.”
The Cabinet Office press release confirmed the Ministry of Justice could not recommend the Bill “at this time”, citing the need to ensure compliance with the ECHR, including safeguards against coercion and ensuring capacity for informed decisions.
Edge notes that while “in law, the Crown could withhold Assent for any reason”, withholding it simply because the UK Government “did not share the view of Tynwald” would have triggered a crisis.
Instead, he says the refusal is based on “the need to meet the international legal obligations of the UK”.
The Bill’s proposer, Alex Allinson, has already begun work on amendments.
However, with the House of Keys general election due in September, Edge warns of a “time constraint”. Bills that have not received Royal Assent before dissolution on August 13 will lapse.
You can read the full blog here.