Assisted Dying Debate Picture: DAVID FERGUSON

ASSISTED dying legislation setting out who would qualify, how it would work, and what safeguards are in place has been published this week by the government in what has been described by campaigners as a “historic moment”.

The draft Assisted Dying Law proposes a £2.6 million framework for terminally ill adults to end their lives with the help of medical professionals under carefully defined conditions.

The proposals come after politicians last year voted in favour of setting up a service for Islanders with terminal illnesses and neurodegenerative diseases, which built on a 2021 decision in which the Assembly supported assisted dying “in principle”.

Assisted Dying Debate Picture: DAVID FERGUSON

If the government’s proposals are approved by States Members later this year, Jersey would become the second jurisdiction in the British Isles to fully legalise assisted dying.

It comes after proposals to give terminally ill adults in the Isle of Man the right to choose to end their own lives were agreed by the Manx parliament in March.

If approved, an implementation period of at least 18 months would be required to recruit and train staff, set up a governance structure and publish guidance.

This means that the earliest the law could come into force would be summer 2027.

Health Minister Tom Binet said: “I am pleased to be able to present the draft law to the States Assembly on behalf of the Council of Ministers.

Tom Binet Assisted Dying Debate Picture: DAVID FERGUSON

“The Government of Jersey commenced work on assisted dying in 2020. Since then, we have seen a number of other jurisdictions bring forward assisted dying laws however, none of those jurisdictions have undertaken such an extensive process of development or brought forward such comprehensive draft legislation.

“We have done so because we acknowledge that assisted dying is highly complex and emotive and I know that, in debating the draft law, our Assembly will do justice to this important matter.”

Humanists UK chief executive Andrew Copson described the proposals as “a historic moment for Jersey and a huge step forward for compassion, dignity, and choice at the end of life”.

He added: “For far too long, terminally ill people in the UK and Crown Dependencies have been denied the right to decide the manner and timing of their own deaths. Jersey is now on the cusp of changing that.

“We urge Members of the States Assembly to listen to that voice, vote in favour, and bring relief and dignity to those facing the hardest of circumstances.”

What are the eligibility criteria?

The draft law confirms that the service would be available to adults aged 18 or over who have lived in Jersey for at least 12 months and are diagnosed with a terminal illness that is expected to cause their death within six months, or 12 months in the case of neurodegenerative disease. 

The individual must be making a voluntary and informed choice, have
decision-making capacity and believe their suffering is unbearable.

How will the service be delivered?

The service would be delivered by Health and Care Jersey and free to eligible people at the point of use.

The draft law has proposed an eight-step pathway with multiple checks. The process begins when a person makes a formal written request to a doctor, who carries out an initial assessment to decide whether the criteria are met.

The eight-step assisted dying process currently being proposed by the government.

This is followed by separate assessments by two independent doctors. If both confirm that the criteria are met, the person must make a second request before a review is carried out and a final approval is given.

There is a minimum 14-day period between the first request and the assisted death, although this can be shortened if two doctors agree the person is likely to die sooner.

On the day, a final review will confirm that the person has capacity, that the request remains voluntary, clear, settled and informed, and that final consent is given. If these conditions are not met, the process must stop.

People can pause or withdraw at any time, and health professionals will be able to opt out.

How will the service be regulated?

The service will be regulated by the Jersey Care Commission, with powers to inspect and, if needed, sanction or suspend the service.

An Assisted Dying Assurance and Delivery Committee would oversee governance.

After each assisted death, an Assisted Dying Review Panel would examine the case to confirm that the law and guidance were followed and report findings back to the committee.

How might an assisted death happen?

The recently published proposals also set out how the life-ending medication may be given.

The individual can take the approved drugs themselves, or a trained health professional can administer them.

The report said that restricting assisted dying to self-administration can limit options for some people, and the dual model is one of the main ways the Jersey proposals differ from those currently before the UK Parliament.

And where?

Assisted deaths, according to the new law, could take place at home, in the General Hospital, or in a care facility.

Premises owners, including care home owners, may object to an assisted death taking place on their premises.

Jersey Hospice Care has previously confirmed that while the charity would support patients who might choose the assisted dying route, it would not deliver them on site.

How will deaths be recorded?

The draft law sets out that an assisted death will be recorded in the same manner as other deaths in Jersey, and the cause of death will account for the fact that the patient was assisted in their death

This is similar to the approach used in New Zealand and differs from Western Australia, where deaths after assisted dying are registered as due to the underlying illness. Jersey’s approach is closer to New Zealand’s.

What about end-of-life care?

The draft law makes clear that assisted dying sits alongside, and does not replace, palliative and end-of-life care – services that should be improved through investment before any assisted dying service comes in.

Health Minister Tom Binet will bring a separate proposition before the end of the month so that an end-of-life care law can be presented and approved before any assisted dying service starts.

How much will it cost?

The government estimates spending £2,657,084 between 2026 and 2029 on the assisted dying service.

It said that costs will cover implementation, training, information management, public information, recruitment, staffing, facilities and equipment, wellbeing and support services, and regulation and oversight.

Assisted death service forecasts.

The forecast assumes a gradual increase in activity, with four assisted deaths in the first six months of operation in 2027, eight in 2028 and 14 in 2029.

For 2029, modelling assumes 28 first assessments, 24 second assessments and 14 assisted deaths.

What about other juridications?

In England and Wales, the Assisted Dying Bill is currently under scrutiny in the House of Lords after being passed by the House of Commons in June. Scotland is considering its own legislation.

The Isle of Man has already passed an Assisted Dying Bill. Tynwald approved the legislation on 25 March 2025. The service is planned to be in place by 2027.

The Isle of Man became the first place in British Isles to agree to legalise assisted dying.

In Guernsey, States Members explored assisted dying in 2018 but voted against progressing proposals at that time. Before the Island’s general election in June, plans for a debate were stood down, and the new Assembly has not yet approved legislation.

How can people engage?

Islanders are invited to attend information sessions over the coming months to find out more about the draft law and the proposed service.

The session will take place on Thursday 2 October at St Helier Town Hall from 6.30 to 8pm.

There will also be separate briefing sessions for health and care professionals and dedicated information sessions for disabled Islanders.

Details will be available at gov.je/assisteddying.