Assisted Dying: A Historic Vote in Parliament

Article written  by Sofia S. Gagliardi

On Friday, 19 November 2024, the House of Commons voted 330 to 275 in favour of the Terminally Ill Adults (End of Life) Bill, commonly referred to as the Assisted Dying Bill.

What is the Assisted Dying Bill

The Assisted Dying Bill proposes to legalise assisted dying in England and Wales for terminally ill adults who are expected to have less than six months to live. This legislation does not apply to children or individuals experiencing suicidal thoughts. Presently, Section 2(1) of the Suicide Act 1961 prohibits assisting someone to commit suicide. Those who assist someone in ending their life face a 14-year term of imprisonment.

Brief History

The Assisted Dying Bill has faced resistance in Parliament for decades. Similar proposals were voted down in 1997 and 2015, reflecting a lack of widespread support among Members of Parliament (MPs) at the time. This time, MPs heard testimonies from various individuals, including medical experts and advocates. The vote was not influenced by party mandates, allowing MPs to follow their personal conscience. Their speeches ranged from deeply emotive to analytical, reflecting the complexity of this ethical issue.

Requirements

To be eligible under the bill, a person must:

• Be aged 18 or over and registered with a General Practitioner (GP);
• Have the mental capacity to make the decision and express a clear, voluntary wish to die without coercion; and
• Be diagnosed with a terminal illness and have a life expectancy of fewer than six months.

The Process

There are steps that must be followed in order for a person to end their life. Firstly, the person must have a consultation with a doctor: The individual must discuss their wishes with a doctor who will guide them through the process. Secondly, the High Court Approval: A High Court judge will review evidence from one of the doctors and directly question the individual to confirm their decision. Thirdly, there must be a 14-day Waiting Period: After the court ruling, there must be a 14-day gap before the individual can proceed. Finally, a doctor will prepare the substance to enable the person to end their life, but importantly, no doctor or other person can administer it on the terminally ill person’s behalf.

Controversies and Concerns

The bill has sparked significant debate, with concerns raised on several fronts. Religious objections are a primary reason for which MPs expressed their disagreement with the bill and referenced moral and spiritual arguments against assisted dying. Further, advocates for disabled people worry that the bill could undermine protections for vulnerable individuals. Finally, critics argue that the NHS will struggle to manage the logistical weight of implementing such a law.

Legalising assisted dying could offer an option for those who wish to avoid prolonged suffering. Whilst palliative care is available in the UK, it is rather limited and inadequate to deal with the demand of UK patients.  According to the Office of Health Economics, 20 terminally ill people die in unrelieved pain every day in the UK, highlighting gaps in palliative care services. However, critics fear the bill might lead to coercion, with terminally ill patients feeling pressured to choose assisted dying to avoid being a burden to the NHS.

Slippery Slope

MPs expressed concern over the law being expanded beyond terminally ill adult patients. However, advocates like former Supreme Court President Lord Neuberger argue for the expansion of palliative care alongside assisted dying. Lord Neuberger stated that those concerned about a slippery slope after the passing of the bill should be confident that it could not occur through courts, rather, only through changes in law made by parliament.

Conclusion

The Assisted Dying Bill represents a monumental shift in societal attitudes, but its future remains uncertain. Parliament must now weigh the ethical implications, public opinion, and the operational challenges of making this bill law in England and Wales.  For many, the focus remains on improving palliative care to ensure fewer people face their final moments in pain.