Terminally Ill Adults (End of Life) Bill – briefing
Current law
The status quo is cruel but also dangerous. It leaves dying people suffering because even the best palliative care cannot help everyone. Many will try to exercise choice at the end of their lives but without any regulatory oversight or protections in place. It is estimated that up to 650 dying people end their own lives in this country, sometimes in violent ways.
If they can afford it, they are forced to travel alone to Switzerland and end their lives earlier than they would wish to. If their families assist them, they risk prosecution. This bill will ensure that dying people can have choice and control at the end of life. It will make assisted dying the most regulated and safe end of life practice; it will create new protections for people at end of life and it offers the most detailed, robust assisted dying proposal Westminster has ever seen. Compassion and safety will go hand in hand. It’s important you stress this to your MP – the status quo is untenable.
Support for change
There is a reason why, in every constituency in the UK there is a majority in favour of legalising assisted dying. Nationally, three-quarters of us, no matter where we’re from or who we vote for, back law change. People want choice for themselves and their loved ones. Many have watched someone suffer at the end of life despite good care, or fear it happening to them or someone they care about.
The Bill also has strong support from MPs of all parties – they are listening to their constituents and understand they cannot allow the status quo to continue. Members from across The Greens, Conservatives, Reform UK, Lib Dems and Labour support this Bill.
Consultation and discussion
Kim Leadbeater recognises that this is a sensitive issue. She is listening to all sides of the debate and is grateful to everyone who has taken the time to meet with her in recent weeks. The bill has been drafted with input from a whole range of perspectives – from faith leaders, healthcare professionals and professional bodies, judiciary and legal experts, and – crucially – people with lived experience, including terminally ill people and bereaved relatives, and people with non-terminal conditions and disabilities who would not be eligible under this bill.
Palliative care
It is also important to stress that palliative care gets the support and investment it rightly needs. This bill ensures that dying people who wish to have an assisted death must be made aware of their palliative and hospice care options before making an application, and at further assessments will prompt doctors to ask dying people about the palliative care they have received. The bill also includes a five-year review of palliative care and assisted dying. Evidence from other countries clearly demonstrates that palliative care investment goes up when there is an assisted dying law in place. Already, Kim’s bill has shone a light on what needs to change within end of life care and prompted constructive public discussions about how to achieve this. Palliative care/assisted dying is not an ‘either or’, it is about allowing people a choice from the widest set of options available.
End of life conversations
This bill will mean that at last, dying people will be able to have open, honest conversations without fear, with mandatory periods of reflection built into the bill to ensure they happen with sufficient time and care.
Healthcare professionals will be protected, because it allows them to speak openly to patients about their dying wishes. Those who don’t wish to participate will have absolute freedom not to do so. The bill offers a guarantee that no one needs to be involved in the process without their consent.
Parliamentary process
Private Members’ Bills have long been vehicles for some of the most significant progressive causes; such as the abolition of the death penalty, the right to safe abortion and the decriminalisation of homosexuality. This bill continues that tradition.
By supporting the bill at Second Reading, MPs can ensure that the legislation has the required detailed consideration and scrutiny, with further stages of debate in both Houses. It will continue a much-needed conversation about how we can improve end of life care as a whole, including the choices dying people want and need. It is crucial you stress to your MP that voting for the bill at Second Reading is a vote to allow further debate – even if they agree in principle but have questions.
Centring dying people
We must remember who this is about. Dying people and their families are experts by experience. Many have had the most horrific experiences because this law was not there to protect them. Many others live in fear for the same reason. MPs have the power to change that – let them know this in your correspondence. This is about terminal illness, shortening death not shortening life.
Key provisions:
This is the key detail on safeguards you want to be sharing with your MPs. Below is a clear statement of provisions enshrined within the Bill.
Eligibility
The bill offers choice only to terminally ill adults with mental capacity if they are expected to die within 6 months. The bill specifically excludes people with disabilities or mental illness alone.
And they will only be able to have an assisted death if they have the certification of two doctors and the approval of a High Court judge.
Protections
All requests must be made on the basis of a clear, settled and informed decision by the person concerned. All the options available, including palliative care and pain relief, must be discussed. The dying person’s decision must be confirmed at every stage and they can change their mind at any time.
Medical supervision
Two doctors must independently confirm that the person meets the eligibility criteria and has made a voluntary decision free from coercion. An independent specialist must be consulted if there is any doubt about the person’s mental capacity or if the doctor lacks expertise in the terminal illness concerned. No medical practitioner will be under any obligation to engage with the process, conscientiousness objections are respected within the Bill.
Judicial oversight
If two independent doctors agree that the person is eligible the application must go before the High Court where the judge must be satisfied that the law has been correctly followed after speaking to the doctor and hearing from anybody else they wish to consult.
New offences
The bill creates new offences making it illegal by dishonesty, coercion or pressure to induce a person to make a declaration requesting assistance or to self-administer a medication, with a sentence of up to 14 years. Falsifying, destroying or concealing documentation would also be against the law.
Safeguards
There must be at least seven days between the two medical assessments and a further 14 days after the decision by the High Court. Combined with the other protections, the bill will make assisted dying the most regulated end of life practice in the UK, and the strongest assisted dying legislation anywhere in the world.
Safety
Strict protocols will ensure the safe prescribing, transportation and administration of all medication. The process must be overseen by a trained medical practitioner who will be expressly forbidden from taking any action to end the person’s life. The medication must be self-administered and if it is not used it must be removed immediately.
Monitoring
The application of the law will be very closely monitored with details of every assisted death collected and published annually. The operation of the law and the availability of palliative care will be reviewed regularly with Parliament given the opportunity to scrutinise its impact.
Terminally Ill Adults (End of Life) Bill – full bill publication key messages briefing
Current law
The status quo is cruel but also dangerous. It leaves dying people suffering because even the best palliative care cannot help everyone. Many will try to exercise choice at the end of their lives but without any regulatory oversight or protections in place. It is estimated that up to 650 dying people end their own lives in this country, sometimes in violent ways.
If they can afford it, they are forced to travel alone to Switzerland and end their lives earlier than they would wish to. If their families assist them, they risk prosecution. This bill will ensure that dying people can have choice and control at the end of life. It will make assisted dying the most regulated and safe end of life practice; it will create new protections for people at end of life and it offers the most detailed, robust assisted dying proposal Westminster has ever seen. Compassion and safety will go hand in hand. It’s important you stress this to your MP – the status quo is untenable.
Support for change
There is a reason why, in every constituency in the UK there is a majority in favour of legalising assisted dying. Nationally, three-quarters of us, no matter where we’re from or who we vote for, back law change. People want choice for themselves and their loved ones. Many have watched someone suffer at the end of life despite good care, or fear it happening to them or someone they care about.
The Bill also has strong support from MPs of all parties – they are listening to their constituents and understand they cannot allow the status quo to continue. Members from across The Greens, Conservatives, Reform UK, Lib Dems and Labour support this Bill.
Consultation and discussion
Kim Leadbeater recognises that this is a sensitive issue. She is listening to all sides of the debate and is grateful to everyone who has taken the time to meet with her in recent weeks. The bill has been drafted with input from a whole range of perspectives – from faith leaders, healthcare professionals and professional bodies, judiciary and legal experts, and – crucially – people with lived experience, including terminally ill people and bereaved relatives, and people with non-terminal conditions and disabilities who would not be eligible under this bill.
Palliative care
It is also important to stress that palliative care gets the support and investment it rightly needs. This bill ensures that dying people who wish to have an assisted death must be made aware of their palliative and hospice care options before making an application, and at further assessments will prompt doctors to ask dying people about the palliative care they have received. The bill also includes a five-year review of palliative care and assisted dying. Evidence from other countries clearly demonstrates that palliative care investment goes up when there is an assisted dying law in place. Already, Kim’s bill has shone a light on what needs to change within end of life care and prompted constructive public discussions about how to achieve this. Palliative care/assisted dying is not an ‘either or’, it is about allowing people a choice from the widest set of options available.
End of life conversations
This bill will mean that at last, dying people will be able to have open, honest conversations without fear, with mandatory periods of reflection built into the bill to ensure they happen with sufficient time and care.
Healthcare professionals will be protected, because it allows them to speak openly to patients about their dying wishes. Those who don’t wish to participate will have absolute freedom not to do so. The bill offers a guarantee that no one needs to be involved in the process without their consent.
Parliamentary process
Private Members’ Bills have long been vehicles for some of the most significant progressive causes; such as the abolition of the death penalty, the right to safe abortion and the decriminalisation of homosexuality. This bill continues that tradition.
By supporting the bill at Second Reading, MPs can ensure that the legislation has the required detailed consideration and scrutiny, with further stages of debate in both Houses. It will continue a much-needed conversation about how we can improve end of life care as a whole, including the choices dying people want and need. It is crucial you stress to your MP that voting for the bill at Second Reading is a vote to allow further debate – even if they agree in principle but have questions.
Centring dying people
We must remember who this is about. Dying people and their families are experts by experience. Many have had the most horrific experiences because this law was not there to protect them. Many others live in fear for the same reason. MPs have the power to change that – let them know this in your correspondence. This is about terminal illness, shortening death not shortening life.
Key provisions:
This is the key detail on safeguards you want to be sharing with your MPs. Below is a clear statement of provisions enshrined within the Bill.
Eligibility
The bill offers choice only to terminally ill adults with mental capacity if they are expected to die within 6 months. The bill specifically excludes people with disabilities or mental illness alone.
And they will only be able to have an assisted death if they have the certification of two doctors and the approval of a High Court judge.
Protections
All requests must be made on the basis of a clear, settled and informed decision by the person concerned. All the options available, including palliative care and pain relief, must be discussed. The dying person’s decision must be confirmed at every stage and they can change their mind at any time.
Medical supervision
Two doctors must independently confirm that the person meets the eligibility criteria and has made a voluntary decision free from coercion. An independent specialist must be consulted if there is any doubt about the person’s mental capacity or if the doctor lacks expertise in the terminal illness concerned. No medical practitioner will be under any obligation to engage with the process, conscientiousness objections are respected within the Bill.
Judicial oversight
If two independent doctors agree that the person is eligible the application must go before the High Court where the judge must be satisfied that the law has been correctly followed after speaking to the doctor and hearing from anybody else they wish to consult.
New offences
The bill creates new offences making it illegal by dishonesty, coercion or pressure to induce a person to make a declaration requesting assistance or to self-administer a medication, with a sentence of up to 14 years. Falsifying, destroying or concealing documentation would also be against the law.
Safeguards
There must be at least seven days between the two medical assessments and a further 14 days after the decision by the High Court. Combined with the other protections, the bill will make assisted dying the most regulated end of life practice in the UK, and the strongest assisted dying legislation anywhere in the world.
Safety
Strict protocols will ensure the safe prescribing, transportation and administration of all medication. The process must be overseen by a trained medical practitioner who will be expressly forbidden from taking any action to end the person’s life. The medication must be self-administered and if it is not used it must be removed immediately.
Monitoring
The application of the law will be very closely monitored with details of every assisted death collected and published annually. The operation of the law and the availability of palliative care will be reviewed regularly with Parliament given the opportunity to scrutinise its impact.