Ministers take first major step towards legalising assisted dying

Wednesday 13 October 2021

Ministers have officially put forward plans to enable assisted dying in Jersey for islanders over 18 diagnosed with a terminal illness or an incurable condition causing “unbearable suffering".

If approved by States Members in a vote scheduled for December, the proposal will allow registered medical professionals to prescribe lethal drugs, or give voluntary euthanasia to those eligible.

The proposition - published by the Council of Ministers as a whole, rather than the Health Minister as expected - was published this afternoon, following a series of recommendations from a Citizens' Jury.

The eligibility criteria says a person should have a "terminal illness which is expected to result in unbearable suffering that cannot be alleviated and is reasonably expected to die within six months."

Pictured: A patient would have to be undergoing "unbearable suffering" as a result of a terminal condition or an incurable physical condition to be eligible for assisted dying.

An individual may also be eligible if they have "an incurable physical condition, resulting in unbearable suffering that cannot be alleviated."

The proposition adds that a person must have "a voluntary, clear, settled and informed wish to end their own life", and have the capacity to make the decision.

It lays out that the service should be subject to several safeguards, namely:

• assisted dying should be permitted with the assistance of registered medical professionals and registered nurses only;
• the law should allow for conscientious objection so that a medical professional is not under a legal duty to participate;
• assisted dying should be subject to a mandatory period of reflection;
• a request can be withdrawn at any time;
• assisted dying should only be permitted at pre-approved locations;
• and that the service would be be available only to Jersey residents.

A States Assembly debate on the matter is currently scheduled for 14 December.

In the event it is adopted, the proposal states that it should be subject to another pre-approval process which could involve a court or tribunal decision.

Law drafting instructions would then be prepared before the 2022 election, with draft legislation available for debate by the States by the end of 2022.

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