The End of Life Bill: What is it and why does it matter?
By Chloe Brewster
28th Nov 2024 | Local News
Tomorrow MPs will head to Parliament to vote on the End of Life Bill.
Kim Leadbeater's Terminally Ill Adults (End of Life) Bill is entering into its second reading in the Commons tomorrow (November 29).
The bill aims to "allow adults who are terminally ill, subject to safeguards and protections, to request and be provided with assistance to end their own life."
What does this bill mean?
The main aim of the End of Life Bill is to allow adults aged 18 and over who have the mental capacity, are terminally ill and are in the final six months of their life, to request assistance from a doctor to end their life.
Currently, the laws on suicide and attempted suicide are not in themselves criminal offences, but under Section 2(1) of the Suicide Act 1961 it is an offence to intentionally encourage or assist the suicide.
This bill would make it so a doctor would not face any criminal liability if they have acted in accordance with the bill and met all the requirements.
These requirements include:
- Two doctors must independently assess each request at least seven days apart
- Each request must meet eligibility, as defined as "a clear, settled and informed wish to end their own life", with the person having reached this decision voluntarily without coercion or pressure
- If these caveats have been met, the person may apply to the High Court for approval
- If approved, there would then be a 14-day reflection period, before a second declaration to request assistance to end their life.
- A doctor will then make the final decision
If all is approved, the person would then be prescribed a life-ending "approved substance" to be self-administered.
While the new bill lists a number of caveats and protections, many are concerned about how it could impact the most vulnerable.
Why are MPs voting on it?
To become law, a private member's bill must go through a number of stages, including the first reading, second reading, committee stage, report and third reading in both the House of Commons and the Lords.
Only then can a bill become law once given Royal Assent.
Tomorrow's vote is the second reading, which is generally considered the stage in which MPs vote on "the general principle" of whether to legislate and discuss the purpose of the bill.
MPs have a free vote on the bill, meaning there is no whip or collective responsibility to vote as normally suggested by a party leader.
This is why you may have seen posts on social media or protests about contacting your MP to encourage them to vote a certain way.
What are the issues?
Over the past two decades there have been legal challenges to the current regime, brought by people suffering from terminal illness or catastrophic injury, who say the existing law constitutes a violation of their human rights.
The European Convention of Human Rights, which came into force in 1953, offers eight rights and freedoms which should be followed by European Union Member States (this is a separate entity to the EU).
The rights which are relevant to assisted dying include article 2 right to life, article 3 right to freedom from inhuman and degrading treatment, and article 8 right to a private life. These rights are arguably impeded upon whether or not assisted dying takes place.
The ECHR has found that various forms of assisted dying may be compatible with the right to life, provided that there are sufficient safeguards against abuse.
However, assisted dying does not have a general consensus in Europe, creating this issue of balancing the competing interests in personal autonomy and the sanctity of life.
Some critics are concerned that by allowing a partial lift on the ban, the bill could be considered discriminatory to those excluded from its scope or open the floodgates to expansion.
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