Terminally Ill Adults (End of Life) Bill

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Terminally Ill Adults (End of Life) Bill
Act of Parliament
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Long title A Bill to allow adults who are terminally ill, subject to safeguards and protections, to request and be provided with assistance to end their own life; and for connected purposes.
Introduced by Kim Leadbeater
Territorial extent  England and Wales

Terminally Ill Adults (End of Life) Bill is a private members' bill (PMB) which proposes to legalise assisted suicide for terminally ill adults in England and Wales. The bill was introduced by Labour backbench MP Kim Leadbeater in October 2024 after she was chosen first by ballot for PMBs. The political parties in Parliament gave MPs a free vote on the bill.

Contents

Background and campaign

Assisted suicide is the ending of one's own life with the assistance of another. Assisting a suicide is illegal in England and Wales under the Suicide Act 1961 and can lead to a maximum of 14 years' imprisonment. [1] This is distinct from euthanasia which is intentionally ending another person's life to relieve suffering, which is also illegal in England and Wales. [1] In 2015, a private member's bill (PMB) called Assisted Dying (No 2) Bill was introduced by Labour's Rob Marris, which was a free vote for MPs. [2] However, it was defeated at its second reading by 330–118. [2] In May 2021, another PMB was introduced on assisted dying by Molly Meacher, Baroness Meacher, and received its second reading in the House of Lords but did not progress. [3]

Dame Esther Rantzen is a high-profile campaigner in support of the bill. Esther Rantzen - Queen Elizabeth II Platinum Jubilee 2022 - Platinum Pageant (52123378342).jpg
Dame Esther Rantzen is a high-profile campaigner in support of the bill.

On 19 December 2023, journalist and television presenter Dame Esther Rantzen, who has terminal lung cancer, said she joined the assisted suicide clinic Dignitas in Switzerland where it is legal and permits foreigners to use the service. [1] [4] This led to the leaders of the main political parties represented in Parliament to say they would facilitate parliamentary time for a bill. [1]

On 29 February 2024, the Health and Social Care Select Committee published a report on assisted dying with chair Steve Brine (Conservative) saying that: "The inquiry on assisted dying and assisted suicide raised the most complex issues that we as a committee have faced, with strong feelings and opinions in the evidence we heard." [5]

On 13 March, Starmer pledged to give MPs a vote on assisted suicide if Labour won the 2024 general election. [6]

On 29 April 2024, MPs debated assisted suicide after a petition on UK Parliament petitions website reached the 100,000 signature threshold. [7] [8] By the time of the debate it had reached over 200,000 signatures. [7] [8] Before the debate, the then Conservative government responded to the petition stating: "It remains the government's view that any change to the law in this sensitive area is a matter for Parliament to decide and an issue of conscience for individual parliamentarians rather than one for government policy. If the will of Parliament is that the law on assisting suicide should change, the government would not stand in its way, but would seek to ensure that the law could be enforced in the way that Parliament intended". [7] [8] Campaigner Esther Rantzen pleaded to MPs to attend the debate. [7] [8]

On 16 June, then prime minister Rishi Sunak said that in principle that he was not opposed to legalising assisted suicide and stated that "It's just a question of having the safeguards in place and that's where people have had questions in the past". [9] He added that the issue was a matter of conscience. [9]

Backbench Labour MP Kim Leadbeater introduced the bill. Official portrait of Kim Leadbeater MP crop 2, 2024.jpg
Backbench Labour MP Kim Leadbeater introduced the bill.

The UK July 2024 general election resulted with a Labour victory with Starmer becoming prime minister. In September 2024, Kim Leadbeater, Labour MP for Spen Valley, was drawn first in the ballot for private members' bills. [10] She announced on 3 October 2024 that she would introduce a bill on assisted dying, [11] [12] and on 16 October 2024, the bill was introduced to the House of Commons. [13] The full text of the bill (as presented for second reading) was published on 11 November 2024. [14]

Summary of the Bill

The bill proposes to legalise assisted suicide for terminally ill adults aged 18 or older given that they meet these requirements: [15]

Parliamentary Passage

House of Commons

First reading

The Bill received its First Reading on 16 October 2024. [16]

Second reading

The second reading with a debate and votes from MPs occurred on 29 November. It was passed with 330 in favour to 275 against. [17]

The remaining stages of Parliament's consideration of the bill may proceed, including possible amendments to the bill.

Debate

The government took a neutral stance on the bill. [18] The secretary of state for energy and climate change, Ed Miliband, said he supported the bill. [19] The secretary of state for justice, Shabana Mahmood, and the secretary of state for health and social care, Wes Streeting, said they oppose the bill with the latter arguing people feel an obligation to die. [19] Starmer did not publicly announce his voting intention prior to the second reading, [20] and voted in favour of the bill. [21]

The leader of the Liberal Democrats, Ed Davey said it would be a free vote for Liberal Democrat MPs however that he personally opposed the bill. [22] He argues that the terminally ill can have a good standard of living and that elderly people may feel pressure from family members to commit assisted suicide. [22] Davey said that there should be more investment in palliative care. [22] [23] His opposition is in contrast to a majority of Liberal Democrat MPs who support the bill. [22]

The mother of the house, Diane Abbott of Labour, and the father of the house, Edward Leigh of the Conservatives, wrote a joint op-ed in The Guardian opposing the bill. [24] [25] [26] They argued the Assisted Dying (No 2) Bill 2015 was published seven weeks before MPs voted on it however this bill was published 18 days ahead of its second reading. [25] They say that this, along with this Parliament introducing a significantly above average of new MPs, makes the process flawed and is not having proper scrutiny. [25] They go on to argue, that unlike wealthy individuals who have stable finances and good palliative care in cases of terminal illness, that poor people who may struggle to pay for social care may feel obliged to die to maintain finances for their family. [25] Or that they may feel unintended pressure to proceed with assisted dying as they are taking up a valuable bed in the hospital. [25] They conclude saying that health and social care needs improvement, in particular palliative care. [25]

Former prime ministers Gordon Brown, Theresa May, Boris Johnson, and Liz Truss all argued against the bill. Brown said: "An assisted dying law, however well intended, would alter society’s attitude towards elderly, seriously ill and disabled people, even if only subliminally". [27] In contrast, David Cameron, who previously opposed the 2015 bill, supported the bill and stated that it was "not about ending life, it is about shortening death" and that the bill has "sufficient safeguards" protecting vulnerable people, [28] and Rishi Sunak voted in favour of the bill, [21] writing that he believes it to be "a compassionate change to the law". [29]

Public opinion

In March 2024, a poll of over 10,000 people, commissioned by Dignity in Dying (a pro-assisted suicide group), found that 75 per cent of respondents supported legalising assisted suicide versus 14 per cent who opposed. [30] Muslims were the only demographic in which the majority opposed. [30] Another poll by Ipsos found that 66 per cent of people supported allowing a doctor to assist a terminally ill patient to end their life, with 16 per cent opposing. [1] The polls were condemned by opponents of assisted suicide, who said they do not reflect people’s considered opinions when they are given more detailed information. [1]

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Assisted suicide is the ending of one's own life with the assistance of another. It is currently illegal under the law of the United Kingdom. In England and Wales, the Suicide Act 1961 prohibits "aiding, abetting, counselling or procuring the suicide of another" with a penalty of up to 14 years' imprisonment. Approximately 46 Britons a year travel abroad for physician-assisted suicide, usually to Dignitas in Switzerland. Following legal challenges, public prosecutorial guidance was issued in 2010 indicating scenarios where prosecution for assisted suicide may not be in the public interest. The phrase "assisted dying" is often used instead of physician-assisted suicide by proponents of legalisation and the media when used in the context of a medically assisted suicide for the purpose of relieving suffering. Bills to legalise assisted dying have been introduced multiple times in Parliament since the 1930s, but none have passed. The devolved governments of Scotland and Northern Ireland have not legalised assisted dying either, although there is some political support for changing the law in Scotland. Polling shows a majority of the British public and doctors support legalising assisted dying. The British Medical Association adopted a neutral position in 2021 after previously opposing any changes to the law.

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References

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