Labour MP Kim Leadbeater opened the debate on the assisted dying bill on Friday morning
(Image: UK Parliament)

What is the assisted dying bill being debated by MPs on Friday?

by · Manchester Evening News

The first assisted dying debate in the House of Commons in almost a decade is “long overdue”, according to the MP behind the new bill.

Kim Leadbeater - the Labour MP for Spen Valley in West Yorkshire - opened the debate on her Terminally Ill Adults (End of Life) Bill on Friday morning. It is the first time the issue has been debated in the Commons since 2015 and, if passed, the bill would legalise assisted dying in England and Wales.

Five hours have been set aside for MPs to air their views on the bill, and a vote must be called before 2.30pm otherwise it is highly unlikely to make any further progress through Parliament.

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Opening the debate, Ms Leadbeater told MPs: “I know that this is not easy. It certainly hasn’t been easy for me. But if any of us wanted an easy life, I’m afraid we are in the wrong place.

“It is our job to address complex issues and make difficult decisions. And I know for many people this is a very difficult decision.

“But our job is also to address the issues that matter to people, and after nearly a decade since this subject was debated on the floor of the House, many would say this debate is long overdue.”

Encouraging or assisting suicide is against the law in England and Wales, with a maximum jail sentence of 14 years. Ms Leadbeater has said the current law was not fit for purpose and has set out her proposals for legalising assisted dying for terminally-ill people.

Who would be eligible for the proposed assisted dying service?

Ms Leadbeater’s proposals would allow terminally ill adults with less than six months to live - and who have been resident in England and Wales and registered with a GP for at least 12 months - to end their lives, subject to the approval of two doctors and a High Court judge.

The bill was being debated in the House of Commons on Friday (file picture)
(Image: PA)

They must have the mental capacity to make a choice about the end of their life and be deemed to have expressed a clear, settled and informed wish – free from coercion or pressure – to end their life.

How would the assisted dying bill work?

The terminally ill person must make two separate declarations, witnessed and signed, about their wish to die. The process must involve two independent doctors being satisfied the person is eligible and the medics can consult a specialist in the person’s condition and get an assessment from an expert in mental capacity if deemed necessary.

A High Court judge must hear from at least one of the doctors regarding the application and can also question the dying person as well as anyone else they consider appropriate.

How long would it take to apply for an assisted death?

There must be at least seven days between the two doctors making their assessments and a further 14 days after the judge has made a ruling, for the person to have a period of reflection on their decision. For someone whose death is expected imminently, the 14-day period could be reduced to 48 hours.

What safeguards are there to protect people under the assisted dying bill?

It would be illegal for someone to pressure, coerce or use dishonesty to get someone to make a declaration that they wish to end their life or to induce someone to self-administer an approved substance. If someone is found guilty of either of these actions, they could face a jail sentence of up to 14 years.

How soon could an assisted dying service be running?

Ms Leadbeater has suggested an assisted dying service would not be up and running for around another two years from the point the law was passed, with “even more consultation to make sure we get it right” at that stage.

Would doctors have to take part in an assisted dying service?

Doctors would not be under any obligation to take part and those who do would have to be satisfied the person making their declaration to die has made it voluntarily and not been coerced or pressured by anyone else. They would also be required to ensure the person is making an informed choice, including being made aware of their other treatment options such as palliative and hospice care.

Campaigners gathered to support the legalisation of assisted dying in Parliament Square in October
(Image: Dan Kitwood/Getty Images)

Doctors would not be under a duty to raise the option of assisted dying with a patient. The bill states that there is nothing to stop them “exercising their professional judgment to decide if, and when, it is appropriate to discuss the matter with a person”.

Could judges decide to opt out of deliberating on an assisted dying request?

It is not thought judges would have the same right to decide whether or not to take part in the process - although the Equality and Human Rights Commission (EHRC) has suggested this might be something Parliament can consider.

Who would administer the medication for an assisted death?

The proposals state the dying person must take the medication themselves. No doctor or anyone else can give the medication to the terminally ill person. It has been suggested it might be the case a terminally ill person might be able to take such medication by pushing a button.

How many people are likely to use an assisted dying service?

Ms Leadbeater said evidence from elsewhere in the world where it is legal suggested assisted deaths account for between 0.5 and 3% of deaths. She said it the likely take-up would be in the hundreds, rather than thousands.

Would there be any scrutiny of how the new assisted dying law operated?

The chief medical officers in England and Wales and the Health Secretary would be required to monitor and report on the operation of the law.

What happens next if there is a yes vote on the assisted dying bill on Friday?

If the Bill passes the first stage in the Commons, it will go to committee stage where MPs can table amendments, before facing further scrutiny and votes in both the House of Commons and the House of Lords, meaning any change in the law would not be agreed until next year at the earliest.