APPROVING the assisted dying legislation due to be debated early next year would have a “seismic effect on medical care and societal values”, according to the chair of a campaign group.
Retired GP Dr John Stewart-Jones, of the Jersey Dying Well Group, has warned politicians there will be “no going back” if the draft law is implemented in a letter to the Assisted Dying Review Panel.
In it, he provides an overview of JDWG’s objections to the draft assisted dying law lodged by the Council of Ministers in September and asks that States Members vote against it.
The legislation has been brought forward following a decision by the Assembly last year to establish an assisted dying service for adult Islanders with terminal illnesses – described by Health Minister Tom Binet at the time as “one of the most serious matters we will ever address”.
It is due to be debated in January.
The issues raised by Dr Stewart-Jones in his written submission to the panel include concerns over the possible coercion of vulnerable Islanders, which he contended would be “impossible to completely exclude” despite the proposed mandatory training of assessing doctors.
He noted that: “This can be from others with an intent of personal gain, or from within the person themselves as they feel a burden to others, including to their carers or family.”
Additionally, the letter contains criticism over a waiver provision within the draft law that allows allows eligible individuals to decide in advance that, if they lose “decision making capacity” after their request for an assisted death has been approved – but before they are due to confirm their consent during the final review – the assisted death can still take place.
The report accompanying the proposed legislation states that: “The rationale for the waiver is ensure that a person whose capacity deteriorates rapidly is not prevented from having their request fulfilled in accordance with previously agreed arrangements.”
But Dr Stewart-Jones labelled this as “extremely problematic”.
“Many people towards the end of life may experience fluctuating capacity and it could result in an assisted death that the person was not ready to accept,” he wrote.
“It also allows the possibility of coercion from others pushing forward an assisted death using the waiver. I note that the proposed UK law is not entertaining such a notion as a waiver because of the problematic and unsafe nature of it under current capacity legislation and we would ask that Jersey reconsider this whole notion.”
Among the other concerns raised in the letter are the financial implications of implementing the service, which would be delivered by Health and Care Jersey at an estimated cost of £2,657,084 between 2026 and 2029.
Citing the budgetary pressures being faced by the department, Dr Stewart-Jones added: “We are concerned that the assisted dying service will offer a service to a small number of people and use a large amount of the Health and Care budget to achieve this when more vital services to promote life and care will miss out of the funding.”
The JDWG chair went on to contend that passing the proposed law would result in “so many complications”.
“Once implemented there will be no going back, and it will have a seismic effect on medical care and societal values,” he said. “We would ask that States Members reconsider their stance and vote against this law.”
