Assisted dying: What is in the new bill and who qualifies?

Proposals to give terminally ill people in England and Wales the right to choose to end their life have been discussed in Parliament for months.

Now, the assisted dying bill - officially known as the Terminally Ill Adults (End of Life) Bill - was published in full on Monday night, detailing the process and safeguards being proposed.

But what exactly is being proposed, who could qualify and could it become a new law? ITV News explains.

What is assisted dying?

The phrase "assisted dying", and the language used, varies depending on either side of the debate.

Dignity in Dying, a pro-change campaign group, say that assisted dying allows a person with a terminal condition the choice to control their death if they decide their suffering is unbearable.

They argue that, along with good care, dying people who are terminally ill and mentally competent adults deserve the choice to control the timing and manner of their death.

But the campaign group Care Not Killing, who oppose the idea, uses the terms “assisted suicide” and “euthanasia”, and argues that the focus should be on “promoting more and better palliative care” rather than any law change.

They say legalising assisted dying, as proposed in the new Bill, could “place pressure on vulnerable people to end their lives for fear of being a financial, emotional or care burden upon others”.

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What is the current law?

Assisted dying 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 the death of someone can leave a person open to being charged with murder or other offences.

Anyone who helps someone to travel abroad to die in a country where assisted dying is legal, such as Switzerland and Canada, could face prosecution.

Who could qualify for assisted dying under the new Bill?

There are several requirements for someone to be eligible under the proposed law:

• The person must be a legal adult – aged 18 or older – and be 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 about the end of their life and be deemed to have expressed a clear, settled and informed wish – free from coercion or pressure – to end their life.

• They must be terminally ill and be expected to die within six months.

• They must make two separate declarations, witnessed and signed, about their wish to die.

• The process must involve two independent doctors being satisfied the person is eligible and the medics can consult a specialist in the person’s condition and get an assessment from an expert in mental capacity if deemed necessary.

• A High Court judge must hear from at least one of the doctors regarding the application and can also question the dying person as well as anyone else they consider appropriate.

• There must be at least seven days between the two doctors making their assessments and a further 14 days after the judge has made a ruling, for the person to have a period of reflection on their decision.

• For someone whose death is expected imminently, the 14-day period could be reduced to 48 hours.

Will there be safeguards under the Bill?

It would be illegal for someone to pressure, coerce or use dishonesty to get someone to make a declaration that they wish to end their life or to induce someone to self-administer an approved substance.

If someone is found guilty of either of these actions, they could face a jail sentence of up to 14 years.

Would doctors have to take part in the service of assisted dying?No. Doctors would not be under any obligation to take part.

Doctors who do would have to be satisfied the person making their declaration to die has made it voluntarily and not been coerced or pressured by anyone else.

They would also be required to ensure the person is making an informed choice, including being made aware of their other treatment options such as palliative and hospice care.

Who would administer the medication?

The dying person must take the medication themselves. No doctor or anyone else will be allowed to give the medication to the terminally ill person.

Who is proposing the Bill?

Labour MP Kim Leadbeater formally introduced her Bill to give choice at the end of life for the terminally ill in October.

A debate and first vote are expected to take place on November 29, and the Bill would only apply to England and Wales.

If the Bill passes the first stage in the Commons, it will go to committee stage where MPs can table amendments, before facing further scrutiny and votes in both the House of Commons and the House of Lords, meaning any change in the law would not be agreed until next year at the earliest.

When would any new law come into effect?

Ms Leadbeater has suggested a new law would not take effect for another two to three years, with “even more consultation to make sure we get it right” once legislation was passed.

Labour MP Kim Leadbeater spoke to ITV News ahead of the publication of her Bill

Will there be any scrutiny of how the new law operates?The chief medical officers in England and Wales and the Health Secretary would be required to monitor and report on the operation of the law.

The Health Secretary would also be required to report on the availability, quality and distribution of appropriate health services to people with palliative care needs, including pain and symptom management, psychological support for those people and their families, and information about palliative care and how to access it.

Are MPs guaranteed a vote on the Bill next month?

No. Bills such as this are known as private members’ bills (PMBs) and are considered during Friday sittings. The time available to consider them is from 9.30am until 2.30pm.

If the debate is still ongoing at 2.30pm then it is adjourned and the Bill falls to the bottom of the list, which means it is highly unlikely to make any further progress.

A closure motion can be moved to curtail the debate and force a vote. It may be moved at any time during proceedings.

On Friday sittings, an MP seeking to move such a motion tends to do so at around 1pm. If approved, the House then votes on whether or not to give the Bill a second reading.

If rejected, the House resumes the debate and the Bill is unlikely to progress.

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