Assisted Dying Bill: Navigating Safeguards and Public Opinion in the UK
The Role of Private Members’ Bills (PMBs)
Whilst a minority of Private Members’ Bills (PMB) become law, they have a reputation for creating publicity for an issue. Often, they are used as an important forum to debate issues of conscience, and in some cases, result in a law change such as legalising abortion, decriminalising homosexuality and abolishing the death penalty. They also have more of a chance of passing if they are tabled in the House of Commons rather than the House of Lords.
Kim Leadbeater’s Terminally Ill Adults (End of Life) Bill: What’s New?
An MP who will be testing this theory and hoping to achieve more than publicity is Kim Leadbeater, who introduced her Terminally Ill Adults (End of Life) PMB into the House of Commons last week. This Bill proposes terminally ill people in England and Wales should have the right to choose to end their life. This will be the second time a bill on this topic has been debated in the Commons. In 2015, Rob Marris introduced a PMB, but it was defeated at its Second Reading.
Balancing Safeguards and Concerns: The Ongoing Debate in Parliament
The make-up of Parliament has changed dramatically since then, so 2015 offers little insight on forecasting this year. The Government has confirmed it will remain neutral, meaning estimating how the votes will fall becomes difficult. It’s not just that people don’t move with the whip; it's been reported MPs are repeatedly changing their minds and that Keir Starmer’s vote of support in 2015 is swaying some Labour MPs.
Whilst the contents of the draft legislation are yet to be published, the media report the new safeguards include that the person who wants assisted death will need to be mentally competent to make the decision and will need sign-off from a judge and two doctors. At the same time, the option would likely be limited to only the terminally ill with six to 12 months left to live. If a bill of this sort were to pass, it would be one of the strictest of its kind in the world, surpassing in its caution the legislation that Oregon enacted in 1997.
Public Opinion and Parliamentary Uncertainty
Despite the proposed safeguards, opponents of the Bill have voiced concerns about the impact on vulnerable and disabled people and coercive control. In particular, they are worried about the risks of abuse of the law because of the strains on the NHS and the current quality of end-of-life care. Proponents have countered by pointing to Australia, where laws were passed on the understanding funding would be increased for palliative care.
Support for assisted dying with the British public has remained consistent at around two-thirds since 2019, according to a YouGov lapse poll. Recent polling from MRP and Humanists UK supports this. However, that doesn’t mean MPs will vote for it. While the i paper (which surveyed 312 MPs) said 54 % showed a degree of support, reportedly, at least half of the cabinet are undecided or opposed. As speculation continues to swell in the media, and some MPs show their cards, all eyes will be on the chamber on 29th November to see if England and Wales will move in the same direction as the likes of Ireland, Scotland and Jersey, progressing the Bill forward.