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 has 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.”

Giving evidence on 16 July, 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.”

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.

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.