A MOVE to extend the eligibility criteria for assisted dying for non-terminal patients should be rejected by the States Assembly, the Health Minister has said.
Deputy Tom Binet had previously supported a decision to include Islanders living with “unbearable suffering” in Assisted Dying legislation, but has said that a previous Assembly decision on the issue should stand.
This comes in response to Deputy Geoff Southern’s proposition to extend eligibility criteria to move beyond only terminally ill Islanders.
Deputy Southern’s advocation of what is dubbed “Route 2” centres around “the potential for two people who are both experiencing unbearable suffering to be treated differently”, he previously said.
He argues that in its current iteration, the assisted dying legislation invites challenges under the European Convention of Human Rights, including an article on the prohibition of discrimination.
Deputy Binet previously voted in favour of the “Route 2” proposals on the grounds that he believes it is a “humane and compassionate response, subject to all necessary safeguards”.
But ahead of the debate, he insisted that any revisions this late in the day would “confuse” and “undermine” the integrity of previous work.
He noted that the Assembly rejected the proposed Route 2 option in May 2024, and he “does not think, at this juncture, there are compelling grounds to revisit that decision”.
Deputy Binet also acknowledged the “complexity associated with the development of the extended safeguards that would be required if the assisted dying eligibility criteria were to include people with a non-terminal condition”.
“Whilst of the view that it would be possible to develop those safeguards, [Deputy Binet] recognises the advantages of this being done after the existing safeguards in the draft law have been subject to real-world examination,” the minister said.
The draft assisted dying law, if adopted, will be reviewed by the Assisted Dying Assurance and Delivery Committee within three years of coming into force.
Deputy Binet said this would provide represent an “appropriate point” at which to consider extending the law to people with a non-terminal condition.
He also eased concerns levelled by Deputy Southern about potential ECHR violations, referring to the “wide margin of appreciation on matters related to assisted dying” and the fact that the Scottish Human Rights Commission had determined a similar bill in Scotland to be ECHR compliant.
If ratified, the current draft law will make Jersey the second place in the British Isles to legalise assisted dying. The assisted dying legislation is due to be debated during this week’s States sitting, while Deputy Southern’s separate proposition is set for the 10 March sitting.
