The Bill allows adults who are expected to die within six months, to be assisted to die. The adult must have mental capacity and express a clear, settled and informed wish to end their life, free from coercion or pressure.
The patient would have to make two separate declarations, satisfy two independent doctors that they are eligible; and have their application agreed by a High Court judge. Anyone found to have coerced another would face up to 14 years in prison.
Parties gave their MPs a free vote on the basis it is a conscience issue—both Justice Secretary Shabana Mahmood and Health Secretary Wes Streeting voted against. The bill now moves to the committee stage.
Lawyers gave a mixed reaction, with some in favour of people being given the choice while others expressed concern about safeguards and possible coercion.
Katie Wheatley, partner, Bindmans. said: ‘It is very good news.
‘The MPs who voted in favour of it chose to recognise the suffering of people who are terminally ill and give them choice over how they die, while protecting the vulnerable. It is time for the law to change so that mentally competent people can make a choice that is right for them, and for them to be able to call on the support and end their days with the ones they love by their side, whatever choice they make.’
However, Tamasin Perkins, partner, Charles Russell Speechlys, said: ‘Across the industry, there are concerns around how capacity will be assessed and with medical professionals making an assessment about legal issues such as pressure and coercion.
‘We already see many cases of coercion and undue pressure in the context of financial decision-making, such as writing wills or making gifts, so it’s not unreasonable to anticipate that this kind of coercion would go hand in hand with assisted dying. The real challenge could lie in detecting coercion during a single interaction, when coercion can manifest itself in small and subtle ways, and the complexity of family dynamics can make this difficult to identify.
‘From a medical perspective, susceptibility to coercion is frequently associated with diminished capacity, as individuals become more vulnerable and easily influenced under these circumstances.
‘We must also ask if the court can manage what will end up being very urgent applications about these decisions, when the Court of Protection is already overburdened, as the worst-case scenario would be delays leading to the wrong decision.’
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