STATES Members, rather than an ethical committee, should decide whether those enduring unbearable suffering from an incurable physical condition should have the right to an assisted death, according to the Health Minister.
Deputy Tom Binet said that proposals, published this week, to establish an assisted dying service in Jersey, provided “substantial safeguards” for the vulnerable.
And he defended the decision to propose extending assisted dying to those enduring unbearable suffering even if they were not terminally ill.
The approach is in conflict with the ethical review commissioned last year by the minister’s predecessor, Deputy Karen Wilson, something Deputy Binet acknowledged he would not have done himself.
“It isn’t for the three people from an ethics committee to make a decision on the laws we adopt – that’s for our Assembly,” he said.
“That’s very plain and I think people will see it for what it is. That’s what the democratic process is about.
“The important point to make is that whatever gets decided and run through the Assembly is what has to take place. Nothing can change. You can’t have any additions to this without those additions going through the same process.
“Nothing is going to be introduced without the same level of rigour that we’ve applied to this.”
Campaign groups Dignity in Dying and the Assisted Dying Campaign for Humanists UK have both welcomed the minister’s approach, the former calling it “a historic stride towards a safe, compassionate assisted dying law”.
Nathan Stilwell, of the Assisted Dying Campaign for Humanists UK, described it as “incredibly detailed, evidence-based and compassionate”.
“We welcome these proposals, which will ensure that people who are in pain without any possibility of their suffering being relieved will have the opportunity to have an assisted death on their own terms,” said Mr Stilwell.
“We are glad to see that politicians listened to the people on this topic by following the recommendations of the citizens’ jury. I hope politicians around the UK take note.”
Deputy Binet said that the process by which those seeking assisted dying was assessed by two medical practitioners – with any recommendation subject to endorsement by a tribunal in the case of those not suffering from terminal illness – offered “an appropriate level of safeguarding”.
“And doctors making the assessments have access to a multi-disciplinary team that is trained in recognising coercion, and I think that’s an important point to make because, from what I’ve heard, most people who are concerned [are worried] about coercive practices,” he said.
Prior to his election to the States in June 2022, Deputy Binet chaired the End of Life Choices lobby group, which campaigned for assisted dying in Jersey.
But he emphasised that, having become minister only six weeks ago, almost all the work done on the proposals predated his arrival at Health.
“I want to give extra reassurance that this is not something that has got my fingerprints on it. I recognise the clear distinction between my job as Health Minister and my individual views,” he said.
“These proposals are consistent with what the States voted for in the first instance. I think this has been played with a clean pair of hands all the way through. It’s what people asked for and, once again, they have the opportunity to pull it to pieces and accept or reject it. People should be very comfortable about this. It is the democratic process in operation.”
