ENGLAND AND WALES 
Assisted dying still a hot topic

Guest article by Trevor Moore, My Death, My Decision (MDMD)*

In England and Wales the Terminally Ill Adults (End of Life) Bill continues its progress through the parliamentary process. Since last reporting, the Bill has passed its second reading by 330 to 275, a majority of 55. This was effectively an ‘in principle’ decision by Parliament to introduce an assisted dying law.

But now the real work is underway. The Bill is at the detailed scrutiny stage, where a committee of 23 MPs will hear evidence, receive written submissions and consider the draft legislation line by line. Summaries of the recent verbal evidence sessions can be found here.

Disputed points

One key issue arising is whether there is truly a need for a High Court order of approval in every case, over and above the opinions of two doctors who have to assess the applicant. Several senior retired judges have questioned this, as well as pointing out that the courts are already overloaded with existing cases.

There has also been publicity about the eligibility criteria under the Bill, which limits the right to an assisted death to terminally ill people with six months or fewer to live. In particular a retired High Court judge, Sir Nicholas Mostyn, who suffers from Parkinson’s, has made it clear that the Bill as written will mean that people like him will still have to travel to DIGNITAS.

Further timeline

Because the Bill is a so-called ‘Private Member’s Bill’ promoted by Kim Leadbeater MP, the timeframe for its progress is somewhat unpredictable, compared to primary government business. MPs on the committee can suggest amendments to the Bill. Not surprisingly, opponents are trying to introduce amendments which, if accepted, would render the right to an assisted death almost illusory.

Once the committee stage is complete the Bill will come back to Parliament for an eventual third reading, expected at the end of April, before heading to the upper House of Lords for approval. There are many opponents to assisted dying in the second chamber.

If the Bill survives the rocky path to approval, it is likely to happen by mid-July, although it could be held over until September, after the parliamentary summer recess.

Developments in other jurisdictions

Encouraging news came on 28th January, when the upper house in the Isle of Man Parliament, called the Legislative Council, passed their assisted dying Bill. The Bill will now need a final approval by the lower house, the House of Keys. This is not expected to be controversial, and the law may pass by the summer.

In Scotland, their Health Committee has been taking verbal evidence for the past two months. Those sessions are now at an end, so that a vote on the draft Bill could happen at the end of April.

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*Trevor Moore is Chair of My Death, My Decision, a grassroots campaign group that wants the law in England and Wales to allow those who are terminally ill or intolerably suffering the option of a legal, safe, and compassionate assisted death.

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