Assisted dying: Will potential legalisation in Jersey catalyse nationwide change?

Words by ITV News Multimedia Producer Alicia Curry

In a landmark move, the island of Jersey has published proposals for an assisted dying law.

A debate is scheduled for May but the initial draft published on Friday by the States Assembly - the island's legislative body - would allow terminally ill adults who have lived on Jersey for 12 months to have the option to end their lives with medical assistance.

While advocates hail it as a step towards compassionate end of life care, critics raise concerns about how ethical the decision is.

It has also reignited the conversation over assisted dying being accessible to the rest of the UK. While the issue has been brought to Parliament several times, there has never been nationwide enactment.

Here, ITV News explains whether Jersey's move will serve as a catalyst for change elsewhere in the UK.

What is assisted dying?

Assisted dying refers to the practice where a person, typically someone terminally ill, seeks assistance to end their own life.

There are two main forms of assisted dying: euthanasia, where a medical professional administers a lethal dose of medication to the patient, or physician-assisted suicide, when a medical professional provides the means for the patient to self-administer.

Why is there so much debate around it?

ITV News exclusively revealed earlier this month that an overwhelming majority of the public are in favour of assisted dying, according to the largest poll ever conducted.

Around 75% of people said they support a change in the law, versus 14% who are opposed.

"It offers peace of mind that there are options there, nobody has to use it but it does derive a comfort," Fran Hall, Dignity in Dying’s Campaigns and Engagement Manager, told ITV News.

"There is a small but significant group of people whose end of life is unpleasant and beyond the reaches of even the best palliative care."

She added that as a result people are "taking matters into their own hands," either attempting suicide in this country, or travelling abroad for treatment.

"Dying people deserve the choice," Ms Hall said.

Tanya Tupper's mum had planned to travel abroad to end her life because she was in so much pain, but she ended up becoming too ill to make the journey

But adversaries say it could lead to people dying "prematurely" under the pressure of being a "burden on their family" and pose moral questions for medical professionals.

A spokesperson for charity Care Not Killing told ITV News that legalising assisted dying "would put a huge amount of pressure on elderly and vulnerable people to die prematurely".

"It's what we see in a handful of jurisdictions that have gone down this route. We've seen case after case of people dying with a fear of being a burden on their family or citing financial reasons."

In 2020, the Royal College of General Practitioners (RCGP) consulted GPs across the country on their personal views of a nationwide adoption of assisted dying.

Over 6,000 respondents voted 47% in favour of opposing a change in the law on assisted dying, for reasons such as fears of putting vulnerable patients at risk, moral objections and religious beliefs.

Meanwhile, 40% voted to support a change in the law on assisted dying, providing there is a regulatory framework and appropriate safeguarding processes in place

The RCGP told ITV News that its position will not be reconsidered until 2025.

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Could it become nationwide?

The law currently prohibits anyone from helping a person to die by suicide in the UK.

MPs last voted on legalising assisted suicide in 2015, with the bill defeated by two votes to one.

However, MPs supportive of a change in the law said they believe the political mood has changed since the last vote.

Recent calls from Dame Esther Rantzen, who has stage four cancer, have ramped up momentum for the campaign and brought about the launch of a petition demanding a parliamentary vote.

In a conversation between Dame Rantzen and Sir Keir Starmer, the Labour leader said he wants assisted dying to be legalised after the next election.

Speaking in a phone call filmed by ITV News, Sir Keir said he was "personally committed" to a change in the law.

MSPs are currently considering a private members' bill in the Scottish parliament, while the Isle of Man voted last year to legalise assisted dying, meaning it will likely become the first country in the British isles to introduce it.

The government does not typically take a position on assisted dying and instead considers it a matter for MPs to vote on.

How would it come into law nationwide?

A draft proposal of legislation regarding assisted dying would need to be constructed by an MP or a member of the House of Lords.

It would then be formally introduced in chamber through a first reading. After this, the bill would typically proceed to a committee for detailed scrutiny.

Following the committee stage, the bill returns for a second reading, where MPs or Lords debate the legislation.

It would then receive a third reading, where the final version of the bill would be debated and voted on.

If the bill passes one house, it proceeds to the other house and undergoes a similar process.

Royal Assent would then need to be granted.

Where else in the world is it legal?

The decision in Jersey could place it in a select group of jurisdictions where assisted dying is permitted under certain conditions.

• Canada: Assisted dying has been legal nationwide since June 2016. It allows eligible adults with a "grievous and irremediable medical condition" to seek medical assistance in dying.

• Netherlands: The Netherlands legalised euthanasia in 2002 under strict conditions. Patients must be experiencing unbearable suffering with no prospect of improvement and their request must be voluntary, well considered, and lasting.

• Belgium: Belgium also legalised euthanasia in 2002. Similar to the Netherlands, it is permitted under strict conditions including unbearable suffering without prospect of improvement, and the patient must be in a "hopeless" medical situation.

• Luxembourg: Luxembourg legalised assisted dying in 2009. The law is similar to that of the Netherlands and Belgium, allowing terminally ill patients to request assistance in dying.

• Switzerland: Organisations such as Dignitas provide assistance to individuals with a terminal illness or unbearable suffering.

• Germany: Germany legalised assisted dying in 2015 but for patients to obtain it, strict conditions have to be met.

• US: Assisted dying is legal for adults in 11 of the 50 states, all with their own regulations surrounding what makes a patient viable.

• Australia: Victoria became the first Australian state to legalise assisted dying in 2017. The law allows terminally ill adults with fewer than six months to live (or 12 months for neurodegenerative conditions) to request assistance to die. Western Australia legalised voluntary assisted dying in 2019, with similar conditions for patients.

Samaritans is an organisation offering confidential support for people experiencing feelings of distress or despair. Phone 116 123 (a free 24 hour helpline) or email jo@samaritans.org

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