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What’s in the new assisted dying bill for England and Wales?
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What’s in the new assisted dying bill for England and Wales?

A new law has been proposed to legalize assisted dying in England and Wales.

Here, PA News takes a look at the details of the terminally ill (end-of-life) adults bill.

– What is assisted death?

Demonstrators are joined by some MPs as they protest outside Parliament in Westminster, London, ahead of a House of Commons debate on assisted dying.Demonstrators are joined by some MPs as they protest outside Parliament in Westminster, London, ahead of a House of Commons debate on assisted dying.

Activities outside Parliament ahead of a debate on assisted dying earlier this year (Samuel Montgomery/PA)

This and the language used varies depending on who you ask.

Pro-change campaigners Dignity in Dying say assisted dying allows a person with a terminal illness the choice to control their death if they decide their suffering is unbearable.

They argue that, along with good care, the dying who are terminally ill and mentally competent adults deserve the choice to control the time and manner of their death.

But the campaign group Care Not Killing uses the terms “assisted suicide” and “euthanasia” and says the focus should be on “promoting more and better palliative care” rather than any changes to the law.

They say that legalizing assisted dying could “put pressure on vulnerable people to end their lives for fear of being a financial, emotional or caring burden on others” and argue that disabled, elderly, ill or depressed people would may be particularly at risk.

– What is the current law?

Statue atop the Old BaileyStatue atop the Old Bailey

Some campaigners have called for a change in the assisted dying law (Jonathan Brady/PA)

Assisted suicide is banned in England, Wales and Northern Ireland, with a maximum penalty of 14 years in prison.

In Scotland, it is not a specific offence, but assisting someone’s death can leave a person open to being charged with murder or other offences.

– What’s going on at Westminster?

View of the tower of the Palace of Westminster at nightView of the tower of the Palace of Westminster at night

A report by a committee of Westminster MPs says legalization in at least one jurisdiction looks ‘increasingly likely’ (Kirsty O’Connor/PA)

Labor MP Kim Leadbeater formally introduced her bill to give choice at the end of life to the terminally ill in October.

A debate and first vote is expected to take place on November 29.

If the bill passes the first stage of the Commons, it will go to the committee stage where MPs can table amendments, before facing further scrutiny and votes in both the House of Commons and the House of Lords, which means that any change in the law would not be possible. agreed by the earliest year.

Ms Leadbeater’s bill would only apply to England and Wales.

– What is in the bill?

There are several requirements for someone to be eligible under the proposed law.

The person must be an adult – aged 18 or over – and resident in England and Wales and 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, determined and informed wish – without coercion or pressure – to end their life.

They must be terminally ill and die within six months.

They must make two separate, witnessed and signed statements of their wish to die.

The process must involve two independent doctors to ensure that the person is eligible, and the doctors may consult with a specialist in the person’s condition and obtain an assessment from a mental capacity expert if deemed necessary.

A High Court judge must hear from at least one of the doctors on the application and may also cross-examine the dying person and any other person they think fit.

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 decision, so that the person has 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 guarantees are there?

Steel gate inside a prisonSteel gate inside a prison

A person found guilty of forcing someone to end their life could face up to 14 years in prison (Alamy/PA)

It would be illegal for someone to pressure, coerce or use dishonesty to get someone to make a statement that they want to end their life or to get someone to self-administer an approved substance.

If someone is found guilty of any of these actions, they face up to 14 years in prison.

– When will a new law come into force?

Ms Leadbeater suggested a new law would not come into force for another two or three years, with “even more consultation to make sure we get it right” once the legislation was passed.

– Should doctors participate in the assisted dying service?

Activities outside Parliament wearing masks and holding placardsActivities outside Parliament wearing masks and holding placards

Doctors should not be involved in an assisted dying service in England and Wales (Jordan Pettitt/PA)

Not. Doctors would not be required to participate.

Doctors who do it should be satisfied that the person declaring his death did so voluntarily and was not coerced or pressured by anyone else.

They should also ensure that the person makes an informed choice, including being informed about other treatment options such as palliative care and hospice.

– Who would administer the medicine?

The dying person must take the medicine himself.

No doctor or anyone else can give the medicine to the terminally ill person.

– Will there be a check on how the new law works?

The Chief Medical Officers of England and Wales and the Health Secretary should monitor and report on the operation of the law.

The Health Secretary should also report on the availability, quality and distribution of appropriate health services for 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.

– Has the matter been voted on at Westminster?

Not for almost a decade. An assisted dying bill, which would have allowed terminally ill adults to seek medical help to end their lives, went before the Commons in 2015 and was rejected by MPs.

There was also a proposed bill in the House of Lords during the 2021/2022 session that reached second reading in the chamber, while a Westminster Hall debate on assisted dying took place in July 2022.

– Are MPs guaranteed a vote on the bill next month?

Not. Such bills are known as Private Members’ Bills (PMBs) and are considered during sittings on Fridays. The time available to consider them is from 9.30 am to 2.30 pm.

If the debate is still ongoing at 2.30pm, then it is adjourned and the bill goes to the bottom of the list, meaning it is very unlikely to make further progress.

A motion to close may be made to curtail debate and force a vote. It can be moved at any time during the procedure.

In Friday sittings, an MP who wants to move such a motion tends to do so around 1 p.m. If approved, the House then votes on whether or not to give the bill a second reading.

If defeated, the House resumes debate and the bill is unlikely to progress.