And Paul Gazzard, husband of Islander Alain du Chemin, who provided personal testimony to the citizens’ jury and wrote an open letter to States Members before his death from brain cancer on 1 May 2021, urged the Island’s politicians to take note of the new report and support the move.
Support from more than three-quarters of the 23 members of a citizens’ jury, chosen as a cross-section of Jersey’s population, paves the way for draft legislation to be lodged by the Council of Ministers in September.
Mr Gazzard said: ‘Alain’s message was simple: banning assisted dying does not work for terminally ill people or their loved ones. He devoted his final months to fighting for change, knowing it would likely come too late for him. Alain would have been delighted to learn that the citizens’ jury and the people of Jersey are wholeheartedly behind his calls for greater choice and control for terminally ill Islanders. Before his death, Alain appealed to States Members to take up this opportunity to give the people of Jersey the right to die on their own terms. I sincerely hope they do.’
The initial report from the jury, which is published today, was hailed by Health Minister Richard Renouf as demonstrating commitment to ‘this sensitive and complex issue’, and for providing ‘invaluable insight’ for States Members ahead of a debate.
Any States debate would initially ask Members to approve assisted dying in principle. If the motion is approved, detailed legislation would have to be brought back to the States, although this would be unlikely to be debated until 2023 at the earliest.
But the initial progress on the issue was welcomed by the pressure group Dignity in Dying, which published new research showing that 90% of Islanders who responded to its survey supported a change in the law.
After a series of ten meetings held earlier this year, 78% of the citizens’ jury membership voted in favour of permitting assisted dying in line with defined circumstances and safeguards. Other suggestions put forward by the panel included:
– Support from 81% of jurors that assisted dying should only be permitted for Jersey residents.
– Allowing both those with a terminal illness or those experiencing unbearable suffering – but not suffering stemming from a mental condition – to be eligible.
– A narrow preference for eligibility to be restricted to over-18s, coupled with an acknowledgement that further consultation was needed in this area.
– Assisted dying to be possible via two different modes: self-administered (also known as euthanasia) and with the assistance of a physician.
The citizens’ jury also considered whether a court or specialist tribunal should be involved in the decisions process, the concept of making an advance decision to be carried out later in the event of loss of capacity, and the inclusion of a cooling-off period.
The jury’s work was overseen by an independent advisory panel, which said in a statement that it considered the jury process was ‘appropriate, balanced and robust’.
The advisory panel’s statement continued: ‘It is also our view that the initial report on the recommendations reflects this process, through the inclusion of all the final voting results, and the individual key messages from the Jury participants.’
Dignity in Dying said the 90% support for assisted dying in Jersey was the highest of the three Crown Dependencies, with figures of 87% and 84% published for the Isle of Man and Guernsey respectively.
Meanwhile an assisted dying bill was introduced to the Scottish Parliament yesterday and a similar private members bill was introduced to the UK House of Lords last month, with its second reading expected in the autumn. In April Health Secretary Matt Hancock announced he had commissioned research on the impact of the ban on assisted dying in England and Wales on terminally ill people who end their own lives at home and in Switzerland.
Deputy Renouf said it was important to recognise that he was publishing the recommendations of the citizens’ jury, not the stated position of government. He said: ‘The work that the jury has done will provide invaluable insight for Assembly members who will ultimately determine how to proceed. In the event the Assembly agrees with the jury recommendations, work will commence on amending the law in consultation with key stakeholders including regulators and professional registration bodies.’
Dr Nigel Minihane, GP and chairman of the Jersey Primary Care Body, said: ‘As a doctor my role is to support my patients to live well, and also to die well when the time comes. Central to that is autonomy and a patient’s right to choose what is best for them, but our current law denies terminally ill people the ultimate choice over how, when and where they die. I believe, as do the Jersey public, that the evidence is now overwhelmingly in favour of enabling this choice for those who are in their final months and mentally competent, as an additional option within end of life care.’
Deputy Renouf added that he was not yet in a position to declare his own position on the subject. He said: ‘Today is not about me, it’s about the jury’s report. All States Members have got a lot of thinking to do over the next few weeks, reading evidence and taking in people’s views so that we can come to the debate as best prepared as we can be.’
Meanwhile, a spokesman for UK-based anti-euthanasia group Care Not Killing highlighted Jersey-based organisations available to help those with suicidal thoughts, bereavement or a diagnosis of a terminal or chronic condition. These include:
– The Recovery College – recovery.je.
– The Samaritans – samaritans.org/branches/jersey.
– The Youth Enquiry Service – yes.je.
– Mind Jersey – mindjersey.org.
