Assisted dying bill in Parliament later this month
Proposals to allow terminally ill people in England and Wales the right to choose to end their life will be debated in Parliament in late November.
The assisted dying bill, formally introduced by Labour MP Kim Leadbeater, will see a MPs first vote in the House of Commons on November 29.
The bill, officially known as the Terminally Ill Adults (End of Life) Bill, was published in full earlier this month, giving details on the possible process and the safeguards.
Jennifer Robinson, solicitor in the private client team at Wake Smith Solicitors, looks at the facts around legalising assisted dying.
This article covers:
- What is assisted dying?
- What is the current law?
- Who could qualify for assisted dying under the new Bill?
- What are the safeguards in the bill?
- Would doctors have to take part in assisted dying?
- Who would administer the medication?
- When would any new law come into effect?
- How many people would this effect?
- Will there be any scrutiny of how the new law operates?
- Your next move
What is assisted dying?
Pro-campaigners say assisted dying allows a person with a terminal condition the choice to control their death if they decide their suffering is unbearable.
They say dying adults who are terminally ill and are mentally competent deserve the choice to control the timing and manner of their death.
Opposers concentrate on the terms “assisted suicide” and “euthanasia”, and argue the focus should be on “promoting more and better palliative care” rather than any law change.
They say legalising assisted dying, as proposed in the new Bill, could “place pressure on vulnerable people to end their lives for fear of being a financial, emotional or care burden upon others”.
What is the current law?
Assisted dying is illegal in England, Wales and Northern Ireland, with a maximum prison sentence of 14 years.
In Scotland, it is not a specific criminal offence but assisting the death of someone can leave a person open to being charged with murder or other offences.
Anyone who helps someone to travel abroad to die in a country where assisted dying is legal, such as Switzerland and Canada, could face prosecution.
Who could qualify for assisted dying under the new Bill?
Requirements under the proposed law include:
- The person must be aged 18 or older and be resident in England and Wales and have been registered with a GP for at least 12 months.
- They must have the mental capacity to make a choice about the end of their life and be deemed to have expressed a clear, settled and informed wish, free from coercion or pressure, to end their life.
- They must be terminally ill and be expected to die within six months.
- They must make two separate declarations, witnessed and signed, about their wish to die.
The process must involve two independent doctors being satisfied the person is eligible and the medics can consult a specialist in the person’s condition and get an assessment from an expert in mental capacity if deemed necessary.
- A High Court judge must hear from at least one of the doctors regarding the application and can also question the dying person as well as anyone else they consider appropriate.
- There must be at least seven days between the two doctors making their assessments and a further 14 days after the judge has made a ruling, for the person to have a period of reflection on their decision.
- For someone whose death is expected imminently, the 14-day period could be reduced to 48 hours.
What are the safeguards in the bill?
MP Kim Leadbeater believes she has put forward legislation which would contact the “strictest protections and safeguards of any legislation anywhere in the world.”
The bill would make it illegal for someone to pressure, coerce or use dishonesty to get someone to make a declaration that they wish to end their life, or to induce someone to self-administer an approved substance.
If someone is found guilty of either of these actions, they could face a jail sentence of up to 14 years.
Would doctors have to take part in assisted dying?
Doctors would not be under any obligation to take part.
Doctors who do, would have to be satisfied the person making their declaration to die has made it voluntarily, and not been coerced or pressured by anyone else.
They would also be required to ensure the person is making an informed choice, including being made aware of their other treatment options such as palliative and hospice care.
Who would administer the medication?
The dying person must take the medication themselves. No doctor or anyone else will be allowed to give the medication to the terminally ill person.
When would any new law come into effect?
The vote on 29 November 2024 is just the first step, to enable MPs to vote on whether to give the Bill a second reading. Further debates and votes would be needed before the bill becomes law.
If the Bill passes the first stage in the House of Commons, it will go to committee stage where MPs can table amendments, before facing further scrutiny and votes in both the House of Commons and the House of Lords. This means any change in the law would not be agreed until next year at the earliest.
MP Kim Leadbeater has suggested a new law would not take effect for another two to three years, with “even more consultation to make sure we get it right” once legislation was passed.
The law would apply to England and Wales only. A separate bill is already under discussion in Scotland.
Ultimately, there is no guarantee that the bill will become law. A similar Assisted Dying Bill, which would have allowed some terminally ill adults to ask for medical help to help their life went before the Commons in 2015 and was rejected by MPs.
How many people would this effect?
Ms Leadbeater said evidence from elsewhere in the world, where it is legal, suggests assisted deaths account for between 0.5 and 3% of deaths, meaning the likely take-up would be in the hundreds, rather than thousands in England and Wales.
Will there be any scrutiny of how the new law operates?
The chief medical officers in England and Wales and the Health Secretary would be required to monitor and report on the operation of the law.
The Health Secretary would also be required to report on the availability, quality and distribution of appropriate health services to people with palliative care needs, including pain and symptom management, psychological support for those people and their families, and information about palliative care and how to access it.
Your next move
Jennifer Robinson said: “The purpose of the bill is to enable terminally ill patients the choice to control the timing and manner of their death. Even if law is passed, terminally ill patients will not have to choose to exercise that right if they do not want to. There are arguments from both sides which have valid points, and it will be the choice of the terminally ill patient to decide what is right for them.
“Talking about dying isn’t easy, particularly with people you care about. This is why it is prudent to estate plan and put in place the necessary legal documents, such as a Will or Trust, to offer peace of mind and reduce stress and anxiety for your loved ones in the event of your death.
“We recommend you seek professional advice when it comes to estate planning. A solicitor can guide you through the process and help you make the right decisions, based on experience and knowledge.”
For further information please contact Jennifer Robinson at Wake Smith Solicitors on 0114 224 2084 or email [email protected]m
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