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Terminally Ill Adults (End of Life) Bill

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Terminally Ill Adults (End of Life) Bill
Act of Parliament
Long titleA 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 byKim Leadbeater
Territorial extent England and Wales

Terminally Ill Adults (End of Life) Bill is a private members' bill (PMB) which proposes to legalise assisted dying 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.

Background and campaign

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Assisted dying is the ending of one's own life with the assistance of another and is illegal in England and Wales under the Suicide Act 1961 which can be 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.

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.

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

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

  • Must be a resident of England and Wales and be registered with a GP for at least a year
  • Mental capacity to make an informed decision free from coercion
  • Expected to die within six months
  • Make two independent declarations about their desire to die, which must be witnessed and signed
  • Two doctors must be satisfied the person is eligible; with a gap of a week between their assessments
  • A High Court judge must hear from one of the doctors and may question the dying person or anyone else involved as they see fit. There is another two week gap after the judge has made their ruling

Parliamentary Passage

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House of Commons

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First reading

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

Second reading

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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]

Debate

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The government announced it would remain neutral on the bill, and that ministers could vote as they wished.[18][non-primary source needed] 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][non-primary source needed] 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".[26] 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,[27] and Rishi Sunak voted in favour of the bill,[21] writing that he believes it to be "a compassionate change to the law".[28]

Public opinion

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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.[29] Muslims were the only demographic in which the majority opposed.[29] 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]

References

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  1. ^ a b c d e f Sherwood, Harriet (2024-10-16). "What is the background to the MPs' vote on assisted dying?". The Guardian. ISSN 0261-3077. Retrieved 2024-11-20.
  2. ^ a b "The Terminally Ill Adults (End of Life) Bill 2024-25". UK Parliament. 24 October 2024. Retrieved 20 November 2024.
  3. ^ Sherwood, Harriet (2022-12-05). "MPs to revisit assisted dying with an inquiry next year". The Guardian. ISSN 0261-3077. Retrieved 2024-11-28.
  4. ^ Howard, Jacqueline (2023-12-19). "Esther Rantzen says she's joined assisted dying clinic". Retrieved 2024-11-21.
  5. ^ "MPs publish report on Assisted Dying/Assisted Suicide". UK Parliament. 29 February 2024. Retrieved 20 November 2024.
  6. ^ Riley-Smith, Ben (2024-03-13). "Starmer promises vote on legalising assisted dying". The Daily Telegraph. ISSN 0307-1235. Retrieved 2024-11-21.
  7. ^ a b c d "Esther Rantzen begs MPs to attend assisted dying debate". BBC News. 2024-04-29. Retrieved 2024-11-21.
  8. ^ a b c d "MPs to debate assisted dying after campaign backed by Dame Esther Rantzen". Sky News. Retrieved 2024-11-21.
  9. ^ a b Courea, Eleni (2024-06-16). "Rishi Sunak says he is not opposed to assisted dying". The Guardian. ISSN 0261-3077. Retrieved 2024-11-21.
  10. ^ "Conservatives lose out in lottery to bring in new laws". BBC News. 5 September 2024. Retrieved 4 October 2024.
  11. ^ Leadbeater, Kim (3 October 2024). "Too many people have been condemned to die in misery and pain. My assisted dying bill can change that". The Guardian. Retrieved 4 October 2024.
  12. ^ "Labour MP in fresh bid to change law on assisted dying". BBC News. 3 October 2024. Retrieved 4 October 2024.
  13. ^ Sherwood, Harriet (2024-10-16). "England and Wales assisted dying bill formally launched in House of Commons". The Guardian. ISSN 0261-3077. Retrieved 2024-10-16.
  14. ^ "Terminally Ill Adults (End of Life) Bill". UK Parliament. 12 November 2024. Retrieved 20 November 2024.
  15. ^ "Assisted dying bill: What is in the proposed law?". BBC News. Retrieved 2024-11-28.
  16. ^ "Bills Presented". Hansard. 16 October 2024. Retrieved 20 November 2024.
  17. ^ https://votes.parliament.uk/votes/commons/division/1877
  18. ^ "Cabinet Secretary Letter to UK Government Ministers". GOV.UK. Retrieved 2024-11-20.
  19. ^ a b "Ed Davey reveals moving personal reason he opposes assisted dying". The Independent. 2024-11-12. Retrieved 2024-11-20.
  20. ^ "How did your MP vote on the assisted dying bill?". Sky News. 2024-11-29. Retrieved 2024-11-29.
  21. ^ a b Brown, Faye (2024-11-29). "Assisted dying bill backed by MPs after emotional Commons debate". Sky News. Retrieved 2024-11-29.
  22. ^ a b c d "Lib Dem MPs could clash with their own leader on issue of assisted dying". Sky News. Retrieved 2024-11-20.
  23. ^ "Ed Davey 'minded' to vote against assisted dying bill". BBC News. Retrieved 2024-11-20.
  24. ^ Elgot, Jessica; Walker, Peter (2024-11-20). "UK's longest-serving MPs issue joint plea for Commons to reject assisted dying bill". The Guardian. ISSN 0261-3077. Retrieved 2024-11-20.
  25. ^ a b c d e f Abbott, Diane; Leigh, Edward (2024-11-20). "Our politics could not be more different – but we're united against this dangerous assisted dying bill". The Guardian. ISSN 0261-3077. Retrieved 2024-11-20.
  26. ^ "Gordon Brown declares opposition to assisted dying". BBC News. Retrieved 2024-11-28.
  27. ^ "Ex-prime minister David Cameron backs assisted dying bill". BBC News. Retrieved 2024-11-28.
  28. ^ Sunak, Rishi (2024-11-29). "Rishi Sunak on assisted dying bill: Why I believe this is a compassionate change". Darlington and Stockton Times. Retrieved 2024-11-29.
  29. ^ a b Brand, Paul (11 March 2024). "Overwhelming majority support assisted dying, largest ever poll says". ITV News. Retrieved 2024-11-20.