End of Life Choice Bill

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End of Life Choice Bill
Coat of arms of New Zealand.svg
New Zealand Parliament
Legislative history
Introduced by David Seymour
First reading 13 December 2017
Second reading 26 June 2019
Third reading 13 November 2019

The End of Life Choice Bill is a bill before the New Zealand Parliament that seeks to give people with a terminal illness or a grievous and irremediable medical condition the option of requesting assisted dying. [1] ACT New Zealand MP David Seymour entered it into the private member's bill ballot on 14 October 2015. [2] The bill passed its first reading on 13 December 2017, with 76 votes in favour, 44 opposed; its second reading on 26 June 2019, with 70 votes in favour, 50 opposed; [3] [4] and its third reading on 13 November 2019, with 69 votes in favour, 51 opposed. [5] A binding referendum will be held at the 2020 general election on whether to implement the bill into law. [6]

New Zealand Parliament legislative body of New Zealand

The New Zealand Parliament is the legislature of New Zealand, consisting of the Queen of New Zealand (Queen-in-Parliament) and the New Zealand House of Representatives. The Queen is usually represented by her governor-general. Before 1951, there was an upper chamber, the New Zealand Legislative Council. The New Zealand Parliament was established in 1854 and is one of the oldest continuously functioning legislatures in the world. It has met in Wellington, the capital of New Zealand, since 1865.

ACT New Zealand New Zealand political party

ACT New Zealand, usually known as ACT, is a right-wing, classical-liberal political party in New Zealand. According to former party leader Rodney Hide, ACT stands for "individual freedom, personal responsibility, doing the best for our natural environment and for smaller, smarter government in its goals of a prosperous economy, a strong society, and a quality of life that is the envy of the world".

David Seymour (New Zealand politician) Politician from New Zealand

David Breen Seymour is a New Zealand politician serving as the Member of Parliament (MP) for Epsom and Leader of ACT New Zealand since 2014.

Contents

Contents of the bill

Eligibility for assisted dying

The End of Life Choice Bill allows New Zealand citizens or permanent residents aged 18 or older to request assisted dying, provided that they suffer from a terminal illness that is likely to end their life within 6 months, or they suffer from a grievous and irremediable medical condition; that they are in an advanced state of irreversible decline in capability; and they experience unbearable suffering that cannot be relieved in a manner that they consider tolerable; and they have the ability to understand the nature of assisted dying and the consequences for him or her of assisted dying. [7]

Process of assisted dying

A person who wishes to have an assisted death, and is eligible under the above criteria, must inform their attending medical practitioner. The medical practitioner must complete a prescribed form after having first talked to the patient about their illness, the nature of assisted dying, alternative options for end of life care, and numerous other matters. [8] Once the request has been confirmed, the patient must sign and date the prescribed form in the presence of the practitioner. [9] Once the form has been completed the attending medical practitioner, and following that an independent medical practitioner, must confirm that the person is eligible for assisted dying. [10] [11] If there is a disagreement between the two practitioners, or if it is recommended by either of the practitioners, a third opinion must be reached by an independent specialist appointed by the SCENZ Group. [12] Following this, the patient requesting assisted dying must choose the medication and method of delivery which will end their life. [13] Once the medication has been administered the attending medical practitioner must complete a prescribed form notifying the registrar at the Ministry of Health that an assisted death has occurred. The registrar must then forward the form to a review committee. [14]

Legislative history

First reading

Voting at first reading (13 December 2017) [15]
PartyVoted forVoted against
National (56)
Labour (46)
NZ First (9)-
Green (8)-
ACT (1)-
Totals7644

Justice select committee

Submissions to the Justice select committee regarding the bill ended at midnight on 6 March 2018. [16] The committee reported on the bill on 9 April 2019. [17]

Second reading

Voting at second reading (26 Jun 2019) [18]
PartyVoted forVoted against
National (55)
Labour (46)
NZ First (9)-
Green (8)-
ACT (1)-
Independent (1)-
Totals7050

12 MPs changed sides between the first and second readings. From Labour, Allan, Russell, Rurawhe, Whaitiri and Wood changed from voting for to voting against, while Williams voted for having previously opposed the bill. From National, Guy, Hipango, Tolley and Walker changed from for to against, while Collins and Yule decided to reverse their opposition. Five National MPs had entered Parliament since the first reading but had no net effect on the result- Willis (for) replaced Joyce (against) which was cancelled out by Bidois (against) replacing Coleman (for).

Committee of the Whole House

The Committee of the Whole House started on 31 July 2019. An amendment by David Seymour that limited eligibility to only those with a terminal illness was agreed to. Other amendments put forward by opponents of the bill were rejected. [19]

The End of Life Choice Bill was debated again on 21 August 2019. Parliament voted to accept Seymour's second round of amendments by a vote of 69 to 51. Key amendments include prohibiting a health practitioner from initiating any discussion about assisted dying, giving employment protections for any doctor, nurse, or psychiatrist who objects to taking part in the process on any ground, and a provision for doctors and nurses to stop the process if they suspect any pressure is being applied on the person seeking assisted dying. The amendments by MPs opposed to the bill including National MPs Maggie Barry, Paulo Garcia, Simeon Brown, and Chris Penk were defeated during the debate. Penk's proposal to have tighter provisions against coercion including getting a "sign-off" from a specialist panel was defeated by 71 to 49 votes. MPs also voted 70 to 50 in favour of the End of Life Choice Bill being given a third and final reading later. [20] [21] [22]

Maggie Barry New Zealand broadcaster and politician

Margaret Mary Barry, generally known as Maggie Barry, is a New Zealand politician and a member of the House of Representatives, first elected in the 2011 general election. She is a member of the National Party, and was the Minister for Conservation, Seniors Citizens, and Arts, Culture and Heritage in the Fifth National Government. Barry has had a long career in broadcasting, including gardening shows, and has a rose named after her.

Paulo Reyes Garcia is a New Zealand politician and Member of Parliament in the House of Representatives for the New Zealand National Party.

Simeon Peter Brown is a New Zealand politician and Member of Parliament in the House of Representatives for the National Party.

Proposed referendum

On 23 October 2019, the New Zealand Parliament voted by a margin of 63 to 57 to amend the End of Life Choice Bill to include a binding referendum on whether euthanasia should be legalised. [23] New Zealand First Member of Parliament Jenny Marcroft had sponsored the referendum on the grounds that abortion "directly affected the fabric of society" and that "temporarily empowered politicians... alone should not decide on the bill." In response, Labour Member of Parliament Louisa Wall criticised NZ First for placing MPs who supported the bill but opposed the referendum in an "untenable position." She also accused NZ First of using the proposed referendum as a bargaining chip for securing the party's support for the third reading of the End of Life Choice Bill scheduled for November 2019. [24] [25]

Parliamentary vote on Jenny Marcroft's call for a referendum on the End of Life Choice Bill [23]
PartyVoted forVoted against
National (55)
Labour (46)
NZ First (9)-
Green (8)-
ACT (1)-
Independent (1)-
Totals6357

Third reading

On 13 November 2019, the end of life choice bill passed its third reading 69 votes in favour and 51 votes opposed. The Bill is being prepared royal assent. [5]

See also

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References

  1. ""End of Life Choice Bill (as at 6 March 2018), Explanatory note."". New Zealand Legislation: Bills. Retrieved 6 March 2018.
  2. Seymour, David. "Seymour lodges assisted dying Bill" . Retrieved 4 December 2015.
  3. "Euthanasia bill passes second reading". New Zealand Herald. 26 June 2019. Retrieved 26 June 2019.
  4. "Euthanasia bill passes second reading in Parliament". Radio New Zealand. 26 June 2019. Retrieved 26 June 2019.
  5. 1 2 Henry Cooke (13 November 2019). "MPs vote in favour of End of Life Choice Bill at final reading" . Retrieved 13 November 2019.
  6. "Euthanasia bill passes final vote, goes to referendum". The New Zealand Herald. 13 November 2019. Retrieved 14 November 2019.
  7. ""End of Life Choice Bill (as at 6 March 2018), section 4."". New Zealand Legislation: Bills. Retrieved 6 March 2018.
  8. ""End of Life Choice Bill (as at 6 March 2018), section 8."". New Zealand Legislation: Bills. Retrieved 6 March 2018.
  9. ""End of Life Choice Bill (as at 6 March 2018), section 9."". New Zealand Legislation: Bills. Retrieved 6 March 2018.
  10. ""End of Life Choice Bill (as at 6 March 2018), section 10."". New Zealand Legislation: Bills. Retrieved 6 March 2018.
  11. ""End of Life Choice Bill (as at 6 March 2018), section 11."". New Zealand Legislation: Bills. Retrieved 6 March 2018.
  12. ""End of Life Choice Bill (as at 6 March 2018), section 12."". New Zealand Legislation: Bills. Retrieved 6 March 2018.
  13. ""End of Life Choice Bill (as at 6 March 2018), section 15."". New Zealand Legislation: Bills. Retrieved 6 March 2018.
  14. ""End of Life Choice Bill (as at 6 March 2018), section 17."". New Zealand Legislation: Bills. Retrieved 6 March 2018.
  15. "Euthanasia bill passes first reading in Parliament". nzherald.co.nz. 17 December 2017. Archived from the original on 17 December 2017. Retrieved 17 December 2017.
  16. Hogan, Finn (6 March 2018). "Submissions close at midnight for controversial End of Life Choice Bill". Newshub. Retrieved 2 September 2018.
  17. "End of Life Choice Bill: Bill History". New Zealand Parliament. Retrieved 2 September 2018.
  18. "Euthanasia bill passes second reading". Stuff.
  19. "End of Life Choice Bill- In Committee". New Zealand Parliament. Retrieved 1 August 2019.
  20. Jancic, Boris (22 August 2019). "Euthanasia bill marches forward as Parliament debates coercion". New Zealand Herald . Retrieved 22 August 2019.
  21. "MPs back euthanasia bill revisions: 'This is to alleviate concerns' - David Seymour". Radio New Zealand. 22 August 2019. Retrieved 22 August 2019.
  22. Cooke, Henry (21 August 2019). "Euthanasia: Safeguards against coercion inserted into David Seymour's proposed bill". Stuff.co.nz . Retrieved 22 August 2019.
  23. 1 2 "End of Life Choice Bill — In Committee—Clauses 1 and 2". New Zealand Parliament. 23 October 2019. Retrieved 24 October 2019.
  24. Jancic, Boris (23 October 2019). "Euthanasia bill to go to referendum after knife-edge vote in Parliament". New Zealand Herald . Retrieved 23 October 2019.
  25. Cooke, Henry (23 October 2019). "Euthanasia referendum on the cards after tight vote in Parliament". Stuff.co.nz . Retrieved 23 October 2019.