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Rules aimed at preventing ‘death tourism’ and stopping health professionals from feeling pressured into hastening the end of someone's life are two of the key safeguards included in new and detailed proposals for how an assisted dying service in Jersey could work, published today.
The proposals include details regarding the eligibility criteria for assisted dying, the steps and timeline, the appeals process, and the expiry date.
They are now out for consultation and islanders are being asked for their views.
Policy officials explained that the consultation is not about debating principle of assisted dying, but is instead asking islanders to put forward their views on how an Assisted Dying Service in Jersey could be delivered.
This next phase of the public consultation on Assisted Dying will run for 12 weeks from Monday 17 October.
In November 2021, the States Assembly agreed, in principle, that the Government should plan for the provision of an assisted dying service for Jersey residents who are aged over 18, and:
have been diagnosed with a terminal illness, and is reasonably expected to die within six months; or
have an incurable physical condition, resulting in unbearable suffering that cannot be alleviated; and
have a voluntary, clear, settled, and informed wish to end their own life; and the capacity to make that decision.
The first phase of public engagement took place in spring of this year, which helped inform the development of detailed proposals to be discussed during this phase.
The detailed proposals include plans for residency requirements which aim to alleviate fears of Jersey becomes a destination for assisted dying ‘tourism’.
Pictured: The proposals aim to protect against assisted dying 'tourism' developing by ensuring any service can only be used by Jersey residents.
The proposals suggest that, to be able to access assisted dying, a person must have been ordinarily resident in Jersey for at least 12 months prior to making their first formal request for an assisted death.
‘Ordinarily resident’ means a person who lives in Jersey and spends all their time here except for short visits abroad on business or holiday. It does not include people who temporarily live in Jersey for work or for study, or are on holiday in Jersey.
The proposals also suggest that any healthcare professionals who are involved in the assisted dying process must actively ‘opt-in’ and will not be forced to take part. Involved healthcare professionals will also undergo specific training and be offered psychological support.
Pictured: Health professionals will be asked to 'opt-in' rather than 'opt-out' as a safeguard, and will also be offered psychological support.
This aspect of the detailed proposals also raises questions around the right to conscientious objection, which ensures that people are free to act in accordance with their own personal beliefs about assisted dying.
The assisted dying law will state that no-one can be forced to directly participate in the assessment, approval or delivery of an assisted death.
However, there may be certain elements of a person’s job that may relate indirectly to assisted dying, such as providing the usual care or treatment to someone who has requested assisted dying or delivering medical supplies for use in assisted dying.
A right not to participate in these indirect tasks would not be covered by a conscientious objection clause.
There are also some tasks where it may not be clear whether they relate direct or indirectly to assisted dying, such as giving permission for a person to have an assisted death on your premises (for example, in a care home or hospice).
The survey which accompanies the full consultation document asks questions about which tasks should be included in the scope of conscientious objection clause, as well asking people if the eligibility criteria is appropriate.
The survey also focuses on gaining insight into islander’s opinions on the nine steps in the assisted dying process, the timeline proposed for them, the appeals process, and the lack of expiry date.
Health Minister Deputy Karen Wilson said: “We have reached the next phase of this important public engagement. This is an incredibly sensitive and complex issue that needs careful consideration and planning.”
Proposals on the Assisted Dying Service are due to be lodged early next year with the debate on legislation taking place in Spring 2023.
The consultation includes in-person events and online feedback so Islanders can submit their comments. Islanders can participate in a number of ways:
by emailing assisteddying@gov.je,
by completing an online survey at gov.je/consultations
by commenting on social media, or
in person at the below consultation events, which can be booked on Eventbrite:
Saturday 22 October, 10:00-12:00 at the Town Library
Wednesday 26 October, 12:00-14:00 at the Town Library
Wednesday 2 November, 12:00-14:00 at Communicare, St. Brelade
Thursday 10 November, 18:00-20:00 at the Town Library
Wednesday 23 November, 10:00-12:00 at St. Clement's Parish Hall
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