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Assisted dying: What is in the legislation?

An assisted dying bill for England and Wales is being scrutinised in parliament after it was backed by MPs in a historic vote last year. Here's what's in the legislation - including a controversial amendment.

Details of the assisted dying bill have been published. Pic: PA
Image: A pro-assisted dying campaigner. Pic: PA
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MPs backed a proposal to legalise assisted dying in England and Wales in a historic vote last year.

But months of detailed scrutiny and further votes are now required before the Terminally Ill Adults (End of Life) Bill can become law.

Here's what you need to know.

What is in the bill?

The purpose of the bill is to allow adults aged 18 and over, who have mental capacity, are terminally ill and are in the final six months of their life, to request assistance from a doctor to die.

This is subject to "safeguards and protections" which include:

• They must have a "clear, settled and informed wish to end their own life" and have reached this decision voluntarily, without coercion or pressure;

• They must have lived in England or Wales for 12 months and be registered with a GP;

• Two independent doctors must be satisfied the person meets the criteria, and there must be at least seven days between the doctors making the assessments;

• After this, the person must make a second declaration, which would have to be signed and witnessed by one doctor and another person.

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What MPs think of the assisted dying bill

Will a High Court judge need to approve?

The bill in its original form stated that after two independent doctors approved of the assisted dying case, the case would then need to be approved by a High Court judge.

But MPs on the parliamentary committee scrutinising the bill voted to remove that clause in March.

Instead, Kim Leadbeater, the Labour MP behind the bill, has proposed to establish a voluntary assisted dying commissioner.

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Leadbeater defends changes to End of Life Bill

It will comprise a judge or former judge to oversee assisted dying cases, along with expert panels featuring a senior legal figure, a psychiatrist and a social worker.

She said such a change would give her bill "additional patient-centred safeguards" by providing a "range of expertise" via the three-member panel, arguing it was "is a strength, not a weakness".

Opponents of assisted dying disagreed, and said removing the High Court judge requirement "fundamentally weakens protections for the vulnerable and shows just how haphazard this whole process has become".

In a statement issued after the vote, 26 Labour MPs who previously voted against the bill issued a statement which said: "It does not increase judicial safeguards but instead creates an unaccountable quango and to claim otherwise misrepresents what is being proposed."

How would the act of dying take place?

If a person meets all the eligibility criteria, a life-ending "approved substance" would be prescribed.

This would be self-administered, so the individual wishing to die must take it themselves.

This is sometimes called physician-assisted dying and is different from voluntary euthanasia - when a health professional administers the drugs.

As well as all the conditions set out above, the bill would make it illegal to pressure or coerce someone to make a declaration that they wish to end their life, or take the medicine.

These offences will be punishable by a maximum 14-year prison sentence.

Read More:

Has assisted dying in Canada 'crossed the line'?

How is this different from the current law?

Suicide and attempted suicide are not in themselves criminal offences.

However, under section 2(1) of the Suicide Act 1961, it is an offence in England and Wales for a person to encourage or assist the suicide (or attempted suicide) of another.

There have long been calls for a change in the law, with campaigners arguing it would stop people dying in pain or having to travel to other countries for help to end their lives

Assisted dying has been legal in Switzerland since 1942, with the Dignitas group becoming well-known as it allows non-Swiss people to use its clinics.

There is no government-held data on the number of Britons travelling abroad for assisted dying, but other countries where a form of this is legal include the Netherlands, Belgium, Spain, Luxembourg, Canada, New Zealand, Australia and some US states.

How close is the bill to becoming law?

MPs have been considering and proposing changes through a scrutiny committee since its second reading, with Ms Leadbeater saying 150 amendments have been adopted.

During this scrutiny stage, the committee, made up of 23 MPs including 14 opponents of the bill, holds public hearings and takes evidence from experts before proposing any changes. These will be voted on by MPs later down the line.

If the bill passes its third reading in the Commons, it will go to the Lords for scrutiny, and once both houses agree it will receive royal assent and become law.

But the rollout of assisted dying is set to be delayed until at least 2029 due to a proposal by Ms Leadbeater.

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Assisted dying bill 'a big deal'

In late March she announced that an initial two-year "backstop" would increase to four years, saying she was disappointed to propose the extension but adding it was "more important to do this properly than to do it quickly".

The four-year delay, passed by the committee scrutinising the legislation, now means the law is unlikely to be operational until at least 2029 - the year by which the next general election must take place.

After the vote, Ms Leadbeater said the bill will come back to the Commons in a "safer, fairer, and more workable" form.

Some in favour of the bill have said the lengthy backstop risks it being abandoned.

Assisted dying in Isle of Man pushing ahead

The Isle of Man is set to become the first place in the UK where assisted dying is legal, after a bill cleared the last parliamentary hurdle before royal assent.

The legislation would give terminally ill people "autonomy and choice" at the end of their life, according to Dr Alex Allinson, a GP and politician who introduced the private member's bill in 2022.

Members of what is known as its legislative council approved a final reading of the Assisted Dying Bill on 25 March, meaning it will become law after it receives royal assent.

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Assisted dying: Lessons from Canada

Dr Allinson is hopeful it can be legalised by later this year and become available by 2027.

The bill is only for adults who have been residing on the island for five years and who have a terminal illness with a life expectancy of no more than 12 months.

They must also have a settled intention to end their life.

What are the main arguments for and against?

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Why has Assisted Dying Bill divided opinions?

Ms Leadbeater has claimed her legislation has the most robust safeguards of any assisted dying laws in the world - and people who are dying in pain should be given a choice over when to end their lives.

Lots of campaigners support her position. The Campaign for Dignity in Dying says it will give control to people who are facing unbearable suffering, so they can have a peaceful death.

The group does not support a wider law, unlike My Death, My Decision, which wants the bill to apply to people who are suffering with an incurable condition, even if it is not terminal.

However some people oppose any change to the current position. This can be for a variety of reasons, but one of the main arguments is the risk of a "slippery slope" - that the eligibility criteria would widen over time.

Others say good end-of-life care needs to be prioritised, and fear some people will feel pressured to opt for assisted dying if they feel like a burden to society.