THE introduction of assisted dying laws in Jersey will “not please everybody”, the Health Minister has said, as he shared a personal story about the death of his father in support of the new legislation.
Deputy Tom Binet and officials from the Health Department took part in two hours of discussion with the Assisted Dying Review Panel.
Panel chair Deputy Louise Doublet asked about concerns raised by Islanders with disabilities about the potential for coercion to opt for assisted dying. She asked the minister what protection would be provided to such people.
Deputy Binet said the impression he had gained during an “extensive” consultation process was that many disabled people had expressed a desire to be treated as individual cases.
“These people wanted the right to assisted dying,” he said. “I think we have to respect the rights of disabled people to be treated as individuals rather than corralled into a batch of people that need someone else to protect them.”
Director Health Policy Ruth Johnson added: “The law has safeguards hardwired into it, which are there to support and protect all people, including people with disabilities.
“These safeguards relate to the fact that the assessing doctors have to be satisfied as to the fact that the wish that is being made is voluntary and not subject to coercion.”
Ms Johnson said there would also be mandatory training with a focus on identifying signs of coercion, specific offences relating to coercion within the law and that multi-disciplinary teams would include social workers experienced in this area.
Members of the panel asked about the proposed inclusion of a “waiver of future capacity” in the law which would allow a person to still have an assisted death should they lose mental capacity after their request has been approved but before the final steps of the process.
Deputy Binet described this part of the law-drafting as “very difficult territory” and shared a personal story about it.
“I watched my father die of pancreatic cancer, and die of dehydration over a six-day period, and that was pretty grim,” he said. “And had my father had the opportunity to offer assisted dying, and he’d signed the waiver, I think he’d been quite happy to be released from that pretty pitiful situation.
“Am I personally comfortable with that? I’m afraid I am, and I understand that will offend some people and please some people – we’re at the sort of point where we’re not going to please everybody.”
The hearing also focused on end-of-life care, with Ms Johnson saying that people at this stage “almost invariably” wanted to die at home, and that this was a fundamental part of proposed legislation.
Attention also turned to restrictions on the promotion of assisted dying. Ms Johnson said that it would be permissible for GPs to stock factual leaflets that could be given to patients as part of conversations about assisted dying, but that if this the same doctor put a poster on the wall inviting patients to ask about assisted dying, this would not be permitted.
Deputy Doublet’s panel will be producing a report outlining their investigation into the assisted dying legislation ahead of the debate in the States Assembly scheduled for 20 January.
UK Parliament faces lengthy scrutiny process
The Terminally Ill Adults (End of Life) Bill is currently going through the UK Parliament.
- Almost 1,000 amendments have been proposed in the House of Lords for this bill, covering England and Wales.
- Supporters have raised concerns that the volume of amendments put forward is a delaying tactic, while opponents say significant changes are needed to ensure vulnerable people are protected and the scheme can operate safely.
- Peers have called for more time to be allowed for the so-called committee stage after only seven of a total of 997 amendments were considered earlier this month during the first of four scheduled days of this stage.
