Cabinet set for split over support for England and Wales assisted dying bill

MPs backing a new bill to legalise assisted dying in England and Wales hope to secure a Commons vote by Christmas, but cabinet ministers are set for a big split over support for the legislation.

The bill, due to be brought forward by the Labour backbencher Kim Leadbeater this month, is to be a free vote but some senior cabinet ministers are expected to vote against – and several, including the chancellor, Rachel Reeves , and the health and social care secretary, Wes Streeting – remain undecided.

The legislation would give eligible terminally ill adults a choice at the end of life to shorten dying and ensure stronger protection for them and their loved ones afterwards.

On Friday the energy secretary, Ed Miliband, became the first cabinet minister to say he would back the bill.

“I understand there are people with very legitimate views on the other side of the argument but I think the current situation is cruel and awful for many people in the most difficult circumstances. That’s why I’ll be voting for the bill,” he told the BBC.

Related: What have Labour cabinet ministers said about assisted dying?

Others previously in favour of legalising assisted dying include Pat McFadden, the Cabinet Office minister, Liz Kendall, the work and pensions secretary, Louise Haigh, the transport secretary, and Hilary Benn, the Northern Ireland secretary.

Keir Starmer would not be drawn on his vote on Friday, stressing the neutrality of the government, despite having said in the past that there is a case for changing the law.

“I made a promise to Esther Rantzen before the election that we would provide time for a debate and a vote on assisted dying, that it would be a free vote. I’m very pleased that I’m able to make good on the promise that I made,” he said.

However, many senior ministers are likely to oppose the change. Angela Rayner, the deputy prime minister, voted against a similar bill in 2015 , and is believed not to have changed her position.

Shabana Mahmood, the justice secretary, has previously said she does not intend to support a change in the law as “once you’ve crossed that line, you’ve crossed it for ever”. Jonathan Reynolds, the business secretary, has also expressed opposition. This month he said: “I would really worry about how we would protect vulnerable people.”

Related: Too many people have been condemned to die in misery and pain. My assisted dying bill can change that | Kim Leadbeater

David Lammy, the foreign secretary, voted against legalising assisted dying in 2015 and recently expressed worries on his LBC radio programme that “we start somewhere and that it sort of ends up leading to legalised murder”. However, he has said he will listen with an open mind to the debate. Bridget Phillipson, the education secretary, previously voted against changing the law.

Reeves and Streeting have indicated they are undecided and would like to see what safeguards are in the legislation. Streeting, who voted in favour of changes to the law in 2015, said last month he was worried the state of end-of-life care in the UK meant it was not ready for assisted dying. He has raised concerns about people being coerced into exercising their right to die because of a lack of end-of-life care.

The hospice sector, which is remaining neutral on assisted dying, warned on Friday that the government must urgently deal with problems facing end-of-life care, which MPs must understand.

“We have a patchwork of providers, a huge dependence on charitable provision, and a hospice funding crisis,” said Toby Porter, the chief executive of Hospice UK, which represents the UK’s 200 hospices. “It’s not for Hospice UK to have a view on whether the law on assisted dying should change. But it’s critical that MPs and others in this debate really understand the context into which assisted dying would in theory be introduced.

“Hospices are cutting back their services and making frontline end-of-life care staff redundant because the funds aren’t there to pay them. We are in crisis, and the government needs to put in place a better funding settlement for the hospice sector.

“The health secretary has himself expressed reservations about whether end-of-life care in the UK is in the right state for this change to be made. Whatever is decided, we’d urge the government to act.”

Related: Assisted dying: what are the laws in UK and what changes are proposed?

Similar legislation is under consideration in Scotland , the Isle of Man and Jersey . Under the current law, anybody in England, Wales and Northern Ireland who travels with a loved one to Dignitas in Switzerland, or stays with someone to comfort them at home as they end their life, could be liable to prosecution for up to 14 years.

When UK MPs last voted on the issue in 2015, the Labour MP Rob Marris introduced a bill that meant people with less than six months to live could be prescribed a lethal dose of drugs, which they would have to take themselves. It was defeated by 330 votes to 118.

Leadbeater’s bill is expected to be based on a bill put forward by Charlie Falconer, a Labour peer, using it as a starting point but with new consideration of the safeguards and other details.

Lord Falconer, a former justice secretary, has introduced a separate assisted dying bill in the House of Lords, which is expected to be debated in mid-November.