Assisted suicide

There was no mention of a Bill to make assisted suicide legal in the King’s Speech last month but the new Prime Minister has confirmed that the Government will allow time for a private members’ bill and there will be a free vote unrestrained by party lines. He has acknowledged that there are other priorities for the Government to attend to in the first year or so but remains committed to a vote on the issue. He previously supported a bill in 2015 to legalise assisted dying for terminally ill competent adults which was ultimately defeated. He has also spoken of his experience in dealing with cases concerning assisted dying during his term of office as Director of Public Prosecutions.

There have been a number of challenges in recent years as to whether the prohibition on assisted suicide is compatible with human rights laws and in particular the right to respect for private and family life under Article 8 of the European Convention of Human Rights.

Currently under Section 2 of the Suicide Act 1961, encouraging or assisting a suicide is a crime, carrying a maximum sentence of 14 years in prison. Suicide ceased to be a crime in 1961. The taking of life through the intervention of or with the help of a third party continues to be prohibited. There is corresponding law in Northern Ireland and currently no specific law in Scotland.

A change in the law has been publicly supported by Dame Esther Rantzen, who is terminally ill with lung cancer and has spoken out about joining Dignitas in Switzerland.

On Friday 26 July 2024 the first reading of the Assisted Dying for Terminally Ill Adults Bill, introduced by former Labour Justice Secretary Lord Falconer of Thoroton to the House of Lords, took place. A second reading is anticipated to follow in the autumn of 2024.

The bill would allow terminally ill adults with six months or less to live to get medical help to end their own lives provided they are mentally able to make the decision and the choice must be approved by two doctors and the High Court. Given the lack of success in private members’ bills becoming law, Lord Falconer hopes for a backbench MP to introduce a similar bill in the House of Commons and a debate to follow, leading to the bill becoming law. Previously, in 2014, Lord Falconer introduced an Assisted Dying Bill. The bill failed as there was not enough time for it to be adequately debated before the end of Parliament and the general election.

The first reading of the new bill came at around the same time as a bill seeking to change the law on assisted dying on the Isle of Man passed its third reading on 23 July 2024. Members of the Isle’s parliament voted 16:8 in favour to progress the bill to the Legislative Council. The Isle of Man Parliament (the House of Keys) previously voted by a 70% majority to pass an Assisted Dying Bill on 31 October 2023.

It is widely accepted that any change in the law must contain robust safeguards to protect the weak and vulnerable. Capacity issues can arise in relation to many terminal illnesses and it can often be a difficult task to adjudicate because of the strong views about the decision itself. There are legal and medical challenges to ensure that decisions are entirely voluntary, and considerations of quality and value of life will no doubt be at the centre of stringent processes implemented.

It seems clear however that the debate on assisted dying will continue and that there will be compelling arguments both for and against a change in the law which will and should be expounded. The experience of other countries who already legalise assisted dying and those coming fresh into it such as the Isle of Man will be important models to scrutinise as we move forward.

We provide previous commentary on the legislation of assisted suicide.