On Friday 29 November 2024, the Terminally Ill Adults (End of Life) Bill passed the second reading stage of its legislative journey through the House of Commons. Although the Bill continues to face scrutiny in Parliament, the proposed legislation is a significant step closer to becoming law.
Given the historic nature of the Bill, we wished to answer questions you may have concerning what is proposed.
What is proposed?
The Bill would make it lawful for a person who is terminally ill, and meets certain criteria, to request and be lawfully provided with assistance to end their own life.
This would be a seismic change in England and Wales, where it is against the law under the Suicide Act 1961 to assist a person in taking their own life.
Who would qualify under the Bill to receive assistance to voluntarily end their life?
Adults who have a terminal illness and who:
- have capacity to make a decision to end their own life
- are ordinarily resident in England and Wales and has been for at least 12 months before their first declaration (see below).
- are registered with a GP in England and Wales
Those who meet the above criteria must have a clear, settled, and informed wish to end their own life voluntarily and must do so without coercion or pressure by another person into doing so.
What is a “terminal illness”?
The proposed Bill defines a person as having a “terminal illness” if they have an inevitably progressive illness, disease, or medical condition and cannot be reversed by medical treatment (not just relieve symptoms), and as a consequence it is reasonable to expect the person may die within 6 months.
A person is not considered to have a “terminal illness” under the Bill if they only have a mental disorder within the meaning of the Mental Health Act 1983, or a disability within the meaning of section 6 of the Equality Act 2010.
Where would the new Bill be implemented?
If passed, the Terminally Ill Adults (End of Life) Bill would be applicable in England and Wales.
What is the procedure for accessing assisted dying?
The Bill steps out a procedure for how an eligible terminally ill person would seek to choose to end their own life and receive assistance to do so. This will include (not exhaustive) discussions with a registered medical practitioner; declarations from the patient of their intention to end their own life with assistance; providing evidence the patient meets the eligibility criteria; assessments from two doctors; and periods of reflection.
The patient may cancel the declarations made to end their own life with assistance.
An application will be required to the High Court for the court to determine the correct procedure has been followed under the Bill and that the patient is eligible under the Bill to end their own life with assistance.
What happens next?
The proposed Bill is subject to the committee stage in the House of Commons and will need to also pass through the House of Lords, before becoming law.
We will continue to monitor the Bill as it proceeds through Parliament and any proposed amendments to any final version in order to advise our clients on the legislation.
