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What is the new bill to legalize medical assistance in dying for the terminally ill?
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What is the new bill to legalize medical assistance in dying for the terminally ill?

A new law has been proposed legalize help to die for some terminally ill adults in England and Wales.

Mentally competent adults with a life expectancy of six months or less and who have an established wish to die and who have been approved by two doctors and the High Court could do so under proposed legislation for England and the Country of Wales.

Before its publication on Tuesday, Work MP Kim Leadbeater insisted her private member’s bill would provide the “safest choice” for mentally competent adults at the end of life.

She said the Terminally Ill Adults (End of Life) Bill would make it illegal for someone to persuade a person, through dishonesty, coercion or pressure, to say they wanted to end their life or to induce someone to self-medicate to die. Anyone found guilty of this act would face a maximum prison sentence of 14 years.

Critics support controversial nature the bill, which will likely be more than 40 pages long, is being “rushed with indecent haste” and that MPs will not have enough time to examine it before the November 29 debate.

Labor MP Kim Leadbeater (centre) joined Dignity in Dying campaigners in Parliament Square outside Parliament (PA Wire)Labor MP Kim Leadbeater (centre) joined Dignity in Dying campaigners in Parliament Square outside Parliament (PA Wire)

Labor MP Kim Leadbeater (centre) joined Dignity in Dying campaigners in Parliament Square outside Parliament (PA Wire)

Here we look at the details of the bill as it is about to be released.

What is medical assistance in dying?

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 says the focus should be on “promoting more and better palliative care” rather than any changes to the law.

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

What is the current law?

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?

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.

Liz Carr among those opposing assisted dying law (PA Wire)Liz Carr among those opposing assisted dying law (PA Wire)

Liz Carr among those opposing assisted dying law (PA Wire)

What’s in the invoice?

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’ evaluations and an additional 14 days after the judge makes his or her decision, unless the person’s death is imminent.

What are the guarantees?

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 could face a prison sentence of up to 14 years.

Should doctors participate in assisted dying?

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.

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

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

Who would administer the medication?

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 rejected, the House resumes debate and the bill is unlikely to move forward.