Jersey has become the second territory of the British Isles to formally pass legislation which would enable terminally ill adults to have an assisted death, after a similar bill passed in the Isle of Man just under a year ago.
After reviewing a series of amendments on Wednesday, the States Assembly, Jersey’s parliament, formally passed the assisted dying law during a vote as part of its third reading on Thursday 26th February. The votes were 32 votes in favour and 16 against. The bill will await Royal Assent, with campaigners hoping the legislation could be enacted as soon as 2027.
The legislation allows for the terminally ill adults with mental capacity to have an assisted death. The timescale for death must be under six months unless the condition is neurological, for example motor neurone disease, in which case it would be 12 months. In the Isle of Man, the legislation set the timescale at 12 months, and in the English and Scottish debates, the timescale is six months.
While the current debate in the English Parliament has focused on the importance of self-administration, with the individual self-administeringthe method, usually by swallowing a legal dose of drugs, the Jersey legislation provides for the option of a lethal dose to be administered by a doctor. This was a point of debate in the run up to the third reading, with the States Assembly rejecting attempts to limit the ability of doctors to prescribe a lethal dose in cases where individuals were unable to self-administer the drugs. Even in cases where the person has lost capacity, doctors will still be allowed to administer the legal dose.
An amendment enabling a medical practitioner’s right to refuse to administer the approved drugs even if they previously agreed to do so was approved. Another amendment provided for a full review of the enacted legislation within three years, to include the views of disability groups and representatives.
The debate clarified provisions for health and welfare decisions under Powers of Attorney or court-appointed delegates do not include assisted dying decisions and also set 12 month residency requirements for eligibility to avoid so-called ‘death tourism’. In the Isle of Man the residency requirement is five years.
While the debate continues in England and Scotland, the vote in the Welsh Senedd this week confirmed it would adopt assisted dying in the NHS if the current bill working its way through Parliament is approved.
Commenting on the landmark vote, Louise Doublet, a States Assembly member, said:
“This is one of the most meaningful things we can do for our island. “It is a compassionate gift we are giving our island. As a humanist, I am guided by principles of compassion. It will make some really difficult moments in people’s lives a little bit less painful.”
Jersey Minister for Health and Social Services, Tom Binet, said:
“Jersey would have one of the safest and most transparent assisted dying laws in the world.”
