Assisted Dying Debate Picture: DAVID FERGUSON

ASSISTED dying has been a topic on the political agenda for the States Assembly – and other parliaments – for several years.

The campaign to legalise assisted dying for those with terminal illnesses began to gather pace as far back as 2018, when a petition – launched by the daughter of an Islander who intended to travel to Switzerland to end her life after a stage-four cancer diagnosis – received almost 2,000 signatures.

From that point, then-Health Minister Richard Renouf committed to bringing the matter to the Council of Ministers for “initial consideration” by early 2019.

The first time assisted dying was debated in the Chamber came in 2021, when the States Assembly became the first parliament in the British Isles to approve assisted dying in principle, with Members voting 36 to ten in favour.

After multiple public consultations on how the law should be introduced and who should be eligible, the Assembly held another vote in 2024, which gave approval to setting up an assisted-dying service in Jersey for those with terminal illnesses and neurodegenerative diseases.

Since then, law drafting has been taking place to formalise the terms of the legislation, with the Council of Ministers bringing forward the proposition last year.

What happened in the States?

Given the two earlier votes, one of which was during this term of office, the result of yesterday’s debate was as expected.

After a total of 22 speeches on Tuesday afternoon, there were just three further contributions when the debate resumed prior to Health Minister Tom Binet rising to sum up yesterday morning.

Deputy David Warr said he felt there was too much doubt in relation to areas such as safeguards, financial responsibility and clinical safety.

A former Health Minister – Deputy Karen Wilson – said that while she respected the personal conviction of those favouring assisted dying, notably Deputy Binet, it was “not a substitute for operational readiness or ethical certainty”.

Many of those contributing earlier in the debate reminded their colleagues that two iterations of the Assembly had already voted in favour of the principle of assisted dying.

In a short speech at the conclusion of the debate, Deputy Binet said he would not be responding individually to the points made by Members.

However, he made one exception following a speech given on Tuesday by Deputy Kirsten Morel describing a distressing experience with the health service leading up to the death of his mother last year, leaving him with strong reservations about whether the Island was ready to bring in assisted dying.

Deputy Binet said he was genuinely sorry about Deputy Morel’s experience, but took issue with the picture that had been painted of the health service. He said he wanted to reassure Islanders that Jersey’s health service was suitably equipped, and to acknowledge the excellent care provided by those working in the Health Department.

The principles were ultimately approved by 32 votes to 14.

Prior to the assisted-dying debate, Members voted overwhelmingly in favour of establishing a legal responsibility for the Health Minister to provide end-of-life care.

Deputy Binet said a core guiding principle of the move towards assisted dying was that it would not replace end-of-life care.

How they voted?

POUR: Deputies: Ahier, Alves, Andrews, R Binet, T Binet, Coles, C Curtis, A Curtis, Doublet, Farnham, Feltham, Ferey, Gardiner, Jeune, Labey, Luce, Mézec, Miles, Millar, Porée, Renouf, Scott, Southern, Stephenson, Tadier and R Ward. Constables: Jehan, Johnson, Labey, Lewis, Shenton-Stone and Vibert. (32)

CONTRE: Deputies: Bailhache, Gorst, Howell, Kovacs, Le Hegarat, Morel, B Ward, Warr and Wilson. Constables: Crowcroft, Honeycombe, Jackson, Le Sueur and Mezbourian.

How campaigners have responded?

THE result of this week’s debate has been welcomed by campaigners in Jersey and across the UK.

Islander Lorna Pirozzolo, who has terminal breast cancer, said that the absence of a legal right to die has meant facing extreme suffering without reassurance or control.

She said: “People say you can’t define unbearable pain. You can. Neither your body nor your mind can go on like that. I’m not scared of death itself. It’s the bit before it. What you’re going to be made to go through. It’s not that you want to die – you don’t want to leave your loved ones. But I don’t want to be in excruciating pain and forced to stay in it.”

Meanwhile, Paul Gazzard, the widower of Alain du Chemin, who died aged 50 in 2021 after being diagnosed with an aggressive brain tumour, welcomed the States vote. Mr du Chemin campaigned for the introduction of assisted dying in Jersey prior to his death and made plans to travel to the Dignitas clinic in Switzerland but became to ill and died at Jersey Hospice.

Mr Gazzard said: “Alain would have lived better in his final months knowing that he had the choice he wanted here at home, without feeling he had to plan an assisted death overseas at huge expense and in the middle of a pandemic. Alain was a passionate supporter of an assisted dying law for Jersey and I know his campaigning has brought this closer to becoming a reality.”

Sarah Wootton, chief executive of Dignity in Dying, said the States Assembly’s decision was a clear signal of progress.

“This vote marks a decisive moment for Jersey, bringing compassionate choice at the end of life within touching distance,” she said. “States Members have now agreed the fundamental principles of a safeguarded assisted dying law, voting to respect the experiences of dying people and the clear views of the Jersey public. As they come to fine-tune this historic law next month, this must remain central.”

Representatives of My Death, My Decision and Humanists UK, both members of the Assisted Dying Coalition alongside End of Life Choices Jersey, were quick to welcome the latest step towards the legalisation of assisted dying in the Island.

In a statement released immediately after the vote, Humanists UK chief executive Andrew Copson said: “This vote in favour of the draft law represents a historic moment for Jersey and a huge step forward for compassion, dignity, and choice at the end of life. 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.

“The proposals contain strong safeguards and reflect the clear wishes of the public, who have spoken through citizens’ juries and repeated surveys. Today, Members of the States Assembly have listened to those voices and are one step closer to bringing choice and compassion to those facing the hardest of circumstances.”

Richard Osborne, board member of My Death, My Decision, added: “A massive congratulations to the States Assembly of Jersey, for having a debate that was rooted in compassion and empathy. Politicians did an excellent job putting themselves in the shoes of the terminally ill, and they should be proud of the respectful debate they had.

“I wish we could say the same of the debate on assisted dying happening in Westminster, which is currently facing a filibuster by a small group of members of the House of Lords, who are adamantly opposed to the law change. The Tynwald in the Isle of Man voted in favour of assisted dying, the States Assembly in Jersey and Holyrood in Scotland look set to do the same, will the terminally ill people of England and Wales be left behind?”

The move have not been universally supported though. On Saturday, two days before the start of the debate, a hundreds of Christian Islanders convened in front of the States building to pray about their concern for the unintended consequences of the introduction of Assisted Dying.

The ‘Walk for Life’ gathering was convened by Pastor Drew Waller of the Jersey Baptist Church, and Dr John Stewart-Jones, one of the Founding Pastors of Freedom Church Jersey.

What next?

A backbench review panel had already made it clear ahead of the debate that it still had work to do and would call the legislation in for further scrutiny.

Deputy Louise Doublet, who chairs the Assisted Dying Review Panel, said the group was planning to bring forward amendments, but due to time constraints had been unable to do so in time for this week’s sitting.

As a result, the second and third readings – during which amendments can be brought and debated – will take place next month. Only after the law has been approved in the third reading will it officially be given full approval.

Independent advisers appointed by the Assisted Dying Review Panel have recommended that the States Assembly reconsider whether a third-party right of appeal should be included in the law, warning that it could undermine personal autonomy and expose the law to human-rights challenge.

Overall, the expert advisers were satisfied that the proposed law met the requirements set out by the States Assembly, but made 43 recommendations to close “gaps” in the law to make it “safer” and “work-able”.

One amendment has already been lodged by Assistant Health Minister Barbara Ward. She wants to see the removal of a waiver which would allow people to give up the need to reconfirm they want an assisted death if their capacity to do so deteriorates rapidly.

“The inclusion of the waiver changes the draft law from an assisted-dying action to an administering practice of non-voluntary euthanasia,” she said, adding that such acts were currently regarded in law as “either manslaughter or murder”.

The next stage of the debate is due to take place during the States sitting which begins on Tuesday 24 February.

If given final approval, as is expected, there would still be an 18-month lead-in period before the law comes into force, meaning assisted dying would not be available until mid-2027 at the earliest.

What is happening elsewhere?

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.

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

How much will it cost?

The government estimates it will spend £2,657,084 between 2026 and 2029 on the assisted-dying service.

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

It is anticipated that there would be 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.