TIMELINE: Will Jersey be the first of the British Isles to introduce assisted dying?

Thursday 05 December 2024

Jersey's plan to introduce assisted dying has taken another major step forward, while the concept gathers pace elsewhere in the British Isles.

In July, the Isle of Man passed a law that would give terminally ill people the right to choose to end their lives, and on Friday, a majority of UK MPs backed proposals to legalise assisted dying in England and Wales after intense debate in the House of Commons.

Just two weeks before the critical Commons vote saw the bill clear its first hurdle, Jersey's Health Minister Tom Binet signed off on instructions to begin drafting the law — which will provide a legal framework for terminally ill adults to end their lives under carefully defined conditions.

Pictured: The UK's House of Commons was the latest to hold a vote on assisted dying.

It comes after politicians voted in favour of setting up an assisted dying service in Jersey for islanders with terminal illnesses and neurodegenerative diseases, following a landmark vote in the States Assembly in May. 

But how did we get to this point? What steps are left for the island to take? And how do we compare to other jurisdictions? Express explores...

Where is Jersey up to? (2018–2024)

Jersey's journey toward introducing assisted dying legislation began in 2018 when an attempt to legalise the practice in Guernsey was defeated in the island's parliament after a three-day debate.

 An Express poll at the time showed very strong support for allowing doctors to help terminally ill patients 'die with dignity’, with 91% of the 1,000 respondents stating they would support assisted dying proposals.  

In 2021, a Citizens' Jury formed of 23 randomly selected islanders recommended that assisted dying be permitted under strict safeguards. 

 This vote led the States Assembly to become the first parliament in the British Isles to decide 'in principle' that assisted dying should be allowed and to make arrangements for an assisted dying service. 

Public consultations followed in 2022 and 2023 which gathered mixed opinions on the proposals and led to more focus on eligibility criteria and safeguards within the proposed framework of the law. 

In May 2024, the debate on assisted dying proposals opened with a lengthy discussion in which the stories of numerous islanders with terminal and life-limiting conditions were shared.

Video: The historic vote took place in the States Assembly in May. 

Politicians eventually voted in favour of setting up an assisted dying service in Jersey for islanders with terminal illnesses and neurodegenerative diseases.

However, politicians did not approve making those with incurable conditions causing them "unbearable suffering" eligible to choose when to end their lives.

What are the next steps? (2024–2027)

 In Jersey, a newly published document has outlined the drafting process and timeline for implementing the law locally, with the draft version expected to go before the States Assembly by late 2025. 

Pictured: Jersey's Health Minister, Tom Binet, signed off on law drafting instructions for Jersey's own law at the end of November.

If approved, it will require an 18-month implementation period — meaning the earliest the law could come into force is mid-2027. 

The proposed framework will include eligibility criteria and safeguards that stipulate assisted dying will only be available to adults with a terminal illness, suffering unbearably, and making a voluntary and informed choice. 

There will also be a minimum 14-day period between a formal request and the act itself. 

Health professionals will be able to opt out, giving them a right to refuse to participate, and an oversight committee will be set up to monitor the process.

Timeline…

• September 2024: Initial drafting instructions will be reviewed by the Scrutiny Assisted Dying Review Panel to ensure they meet legal and ethical standards. 
• January–April 2025: Stakeholders, including the Jersey Care Commission and UK regulatory bodies, will review the first draft of the law to refine the framework.
• November 2025: The States Assembly will hold a final debate on the proposed law.
• Mid-2027: The law is expected to come into effect, subject to Privy Council approval and an 18-month implementation period. 

Where are other jurisdictions up to? 

In the UK, the Assisted Dying Bill cleared its first hurdle in Parliament earlier this week and passed its second reading in the House of Commons. 

The bill, which would legalise assisted dying in England and Wales, must pass through many more steps before it becomes law and will not be brought before MPs again until April.  

The government is now likely to assign a minister to help work on the bill. After that, it must be voted on again by MPs later this year and go through the House of Lords. 

If it becomes a law, there will be a two-year implementation period, compared to 18 months in Jersey. 

Meanwhile, the Isle of Man looks to be on a similar timescale to Jersey, with the law also expected to be drafted by 2025 and to come into force as early as 2027. 

The Isle of Man's House of Keys (equivalent to the UK’s House of Commons) voted 16 to 8 in favour of the bill during its third reading. 

Pictured: The Isle of Man's proposals are progressing.

The legislation has now moved to the Legislative Council, the island's upper chamber akin to the UK's House of Lords, for further consideration.

Across the water in Guernsey, former Chief Minister and current backbencher Deputy Gavin St Pier also wants to see progress with a law. He previously said that any proposals the island looks at should be based on Jersey's.

"These were the product of a Citizen's Assembly, considerable policy research and an ethical review," he told Express. "We do not need to reinvent the wheel. It seems obvious to me too that the two islands should be pooling their resources in drafting the appropriate legislation."

Pictured: Deputy Gavin St Pier in Guernsey said the islands should work together.

Other jurisdictions have moved faster, with Canada, Australia, New Zealand, Spain and Austria all having already introduced assisted dying laws:

• United States: Assisted dying is allowed in 10 states and Washington D.C., but only for adults who are terminally ill and mentally capable of making the decision. Oregon pioneered this in 1997.
• Canada: It became legal in 2016 and was expanded in 2021 to include people suffering from non-terminal conditions that cause unbearable pain or distress.
• Switzerland: Assisted suicide has been legal since 1942, including for people travelling there for the service (often through organisations like Dignitas). The person must take the medication themselves.
• Netherlands and Belgium: These countries legalised euthanasia over 20 years ago and permitted it for people with unbearable suffering, including mental health conditions, even if they are not terminally ill. 
• Spain and Austria: Both recently approved assisted dying for those suffering from terminal or non-terminal conditions. In Austria, the person must take the medication themselves, while in Spain, a healthcare professional can give it.
• Australia: Most states allow voluntary assisted dying for terminally ill people, and some include those with neurodegenerative diseases. The medication can be taken by the patient or administered by a professional.
• New Zealand: Assisted dying became legal in 2021 for terminally ill adults expected to live less than six months.