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What is in the new Assisted Dying Bill for England and Wales?
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What is 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, the PA news agency examines the details of the Terminally Ill (End of Life) Adults Bill.

– What is medical assistance in dying?

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

Activists outside Parliament before a debate on assisted dying earlier this year (Samuel Montgomery/PA)

This, as well as the language used, varies depending on who you ask.

Pro-change campaigners Dignity in Dying say medically assisted dying allows a terminally ill person to choose to control their death if they decide their suffering is unbearable.

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

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

They claim that legalizing medical assistance in dying could “put pressure on vulnerable people to end their lives for fear of posing a financial, emotional or care burden on others” and claim that the Disabled, elderly, ill or depressed people could be particularly at risk.

– What is the current law?

Statue at the top of the Old BaileyStatue at the top of the Old Bailey

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

Assisted suicide is banned 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 in the death of a person may expose a person to being charged with murder or other offences.

– What is happening at Westminster?

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

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

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

A debate and a first vote should take place on November 29.

If the bill passes the first stage in the Commons, it will move to committee stage where MPs can table amendments, before being subject to further scrutiny and votes in both the House of Commons and the House of Lords, meaning no changes to the law will be accepted. agreed until next year at the earliest.

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

– What’s in the bill?

There are several conditions for a person 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 regarding the end of their life and be deemed to have expressed a clear, established 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 declarations, attested and signed, concerning their wish to die.

The process must involve two independent physicians who are satisfied that the person is eligible, and the physicians 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 at least one of the doctors about the application and may also question the dying person and any other person he considers appropriate.

There must be at least seven days between the two doctors’ assessment and an additional 14 days after the judge makes his decision, so that the person has time to reflect on his decision.

For a person whose death is imminent, the 14-day period could be reduced to 48 hours.

– What are the guarantees?

Steel door inside a prisonSteel door inside a prison

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

It would be illegal for someone to pressure, coerce or use dishonesty to get someone to declare that they wish to end their life or to induce someone to self-administer an approved substance .

If a person is found guilty of any of these actions, they face a prison sentence of up to 14 years.

– When would a new law come into force?

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

– Should doctors participate in the assisted dying service?

Activists outside Parliament wear masks and hold signsActivists outside Parliament wear masks and hold signs

Doctors would not be required to take part in an assisted dying service in England and Wales (Jordan Pettitt/PA)

No. Physicians would not be required to participate.

Doctors who do so should be satisfied that the person reporting 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 of their other treatment options, such as hospice and palliative care.

– Who would administer the medicine?

The dying person must take the medication themselves.

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

– Will there be scrutiny of how the new law works?

The chief medical officers of England and Wales and the health secretary would be required to monitor and report on the implementation of the law.

The Secretary of Health would also be required to report on the availability, quality and distribution of appropriate health services for people with palliative care needs, including pain and symptom management, support psychological for these people and their families, as well as information on palliative care and how to access it.

– Has the question already been voted on at Westminster?

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

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

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

No. Bills like this are known as Private Member’s Bills (PMBs) and are considered during Friday sittings. The time available to examine them is from 9:30 a.m. to 2:30 p.m.

If the debate is still ongoing at 2:30 p.m., it is adjourned and the bill falls to the bottom of the list, meaning it is very unlikely to progress further.

A closure motion may be made to shorten debate and force a vote. It can be offered at any time during the procedure.

During Friday sittings, an MP wishing to present 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 it is defeated, the House resumes debate and the bill is unlikely to move forward.