Terminally Ill Adults (End of Life) Bill 2024: The Latest Attempt to Legalise Assisted Dying in England and Wales
A packed House of Commons was at its best on 29 November 2024 as MPs eschewed party-political loyalties and voted on the real issues at hand, guided by their conscience, specialised knowledge, religious convictions, experiences- both personal and those of others, and feedback from constituents. The Terminally Ill Adults (End of Life) Bill for England and Wales, a Private Members’ Bill, had its first reading in the House of Commons, where it was introduced on 16 October 2024 by its sponsor, Kim Leadbeater (Labour MP for Spen Valley). The Bill was passed on 29 November following its second reading-the first Commons debate and vote- by 330 votes in favour to 275 against. The five-hour debate, from 9:30 AM to 2:30 PM, was marked by impassioned statements from both sides, as supporters argued for individual autonomy and freedom from an unbearable death while opponents voiced their support for better palliative care instead.
The latest proposals for assisted dying apply to people aged 18 and over, who are resident in England or Wales, possess mental capacity, and are expected to die within six months. Two “independent doctors”, acting at least seven days apart, must confirm eligibility. A High Court judge can then rule in favour, or otherwise, of their decision before matters can be taken further. If agreed upon, voluntary euthanasia can then proceed, usually by oral self-administration of lethal drugs.
The successful second hearing means that the Bill can now proceed to the Committee Stage for a detailed scrutiny by a committee of MPs, before moving on to the Report Stage. MPs can submit amendments via the Public Bill Office or at the Committee and Report Stages. If the Bill passes its third reading, it will be sent to the House of Lords for any further amendments. Given the considerable public interest in this matter, it is not surprising that more than two hundred amendments have already been tabled in the House of Commons and House of Lords.
Assisted suicide was first introduced in Switzerland as far back as 1942. Since then, another five European countries (Belgium, Luxembourg, the Netherlands, Portugal, Spain), Canada, ten American states (starting with Oregon in 1997) and Washington DC, and Australia and New Zealand have made provisions for assisted dying, as opposed to assisted suicide, although eligibility requirements and chosen practices vary between jurisdictions. Closer to home, the Assisted Dying Bill 2023 is likely to be adopted in the Isle of Man, while a similar Bill is being introduced in the Scottish Parliament.
Previous attempts to introduce assisted dying in England and Wales were made in 2003, 2004, 2005, 2006, 2014, 2015, 2021, and in July 2024, but without success. In 2014 and 2021, prorogation of Parliament prevented Bills from being taken any further.
Among the many concerns of opponents are the possibility of coercion of vulnerable adults, the difficulties of determining remaining lifespan, the robustness of judicial oversight of the process, the added burden on the healthcare and legal systems, and the possibility that assisted dying may go down a ‘slippery slope’ as it is extended to marginalised people who are considered a “burden” on society in one way or another. Supporters point to the unbearable suffering of some dying people, for whom palliative care has failed to adequately relieve symptoms. Assisted dying appears to be compatible with the European Convention on Human Rights, as Article 8 protects “private and family life” as well as “personal autonomy.”
Whatever the ultimate outcome, we can rest assured that intense parliamentary scrutiny will ensure that were the Bill to become law, it will “incorporate safeguards and protections” as mentioned in its ‘long title’. Assisted dying is, after all, a matter of choosing to die with dignity when there is no reasonable possibility of cure and death is imminent, and is not the same as assisted suicide, where life is actively terminated when it may be possible to live much longer.
Ashis Banerjee