Experts identify aspects of Assisted Dying Law that raise issues

A team of experts has looked at Jersey's Assisted Dying Law, and highlighted areas that raise legal or ethical questions.

At the request of scrutiny politicians, Dr Alexandra Mullock, Professor Suzanne Ost and Professor Nancy Preston have looked into legal and ethical considerations of Jersey's proposals to legalise assisted dying. 

Their report, which contains numerous observations and recommendations – has been shared with the Health Minister and States Members.

The experts have identified issues they say require more consideration.

These include protecting against coercion and the consideration of islanders with disabilities.

The report emphasises the importance of outlining how to identify coercion, undue influence, and pressure, as well as providing doctors with training and guidance that offers a clear explanation of what these concepts entail in a specific context.

It also raises issues with the complexities and challenges regarding the 'waiver of future capacity' and asks whether there is clear public support for it being included in the law.

Already, Deputy Barbara Ward, an Assistant Health Minister, has brought an amendment challenging the inclusion of the waiver, which allows a person to decide in advance that, if they lose the capacity to make decisions after gaining approve for an assisted death but before they are due to confirm their consent in the final review, the assisted death can still take place.

The expert report stresses the need to make sure a person who requests an assisted death is fully informed of end of-life and palliative care options by speaking to a specialist. 

It notes that the flexible approach to terminal illness taken by the proposed law, which allows people to refuse treatments that could extend life, raises the possibility that people with treatable conditions may be eligible for help to die.

The report's overall opinion is that the proposed law 'does meet the requirements and decisions made by the States Assembly sufficiently.'

The Assisted Dying Review Panel, which commissioned the report, says it intends to bring several amendments to the proposed law.

The legislation is down to be debated by the States Assembly next week, but the panel will ask members to pause final voting until February of March.

Chair, Deputy Louise Doublet described the forthcoming amendments as 'constructive additions':

"Our aim as always is to work in a collaborative way with the Minister to achieve the best quality, fit-for-purpose legislation for Jersey.”