Landmark legislation which could see Jersey become one of the first places in the British Isles to fully legalise assisted dying has been published ahead of being debated by politicians later this year.
The new law provides a framework for terminally ill adults to end their lives under carefully defined conditions and strict safeguards has been published today.
The legislation, put forward by the Council of Ministers, sets out who could be eligible, how the process would work and what checks would apply.
If adopted, the assisted dying service would make Jersey the second place in the British Isles to introduce such a law, after proposals to give terminally ill adults in the Isle of Man the right to choose to end their own lives were agreed by the Manx parliament in March.
It proposes a £2.6 million service for terminally ill adults who make a voluntary, informed request and are judged to have decision-making capacity.
The proposals come after politicians last year voted in favour of setting up a service for islanders with terminal illnesses and neurodegenerative diseases, which built on a 2021 decision in which the Assembly supported assisted dying “in principle”.
If approved, the draft law will require an 18-month implementation period, meaning the earliest the law could come into force is mid-2027.
In England and Wales, the Assisted Dying bill is currently under scrutiny in the House of Lords after being passed by the House of Commons in June, while Scotland is considering its own, separate assisted dying legislation.
Health Minister Tom Binet said: “I am pleased to be able to present the draft law to the States Assembly on behalf of the Council of Ministers.
“The Government of Jersey commenced work on assisted dying in 2020. Since then, we have seen a number of other jurisdictions bring forward assisted dying laws however, none of those jurisdictions have undertaken such an extensive process of development or brought forward such comprehensive draft legislation. We have done so because we acknowledge that assisted dying is highly complex and emotive and I know that, in debating the draft law, our Assembly will do justice to this important matter.”
What are the eligibility criteria?
If approved, the law would apply to adults aged 18 or over who have lived in Jersey for at least 12 months and are diagnosed with a terminal illness that is expected to cause their death within six months, or 12 months in the case of neurodegenerative disease.
The individual must be making a voluntary and informed choice, and must believe their suffering is unbearable.
What are the safeguards?
A person would make an initial request to a doctor, followed by separate assessments by two independent doctors. If both confirm that the criteria are met, the person must make a second request before a final approval is given.
There is a minimum 14-day period between the first request and the assisted death, although this can be shortened if two doctors agree the person is likely to die sooner.
Health professionals will be able to opt out, giving them the right to refuse to participate, and an oversight committee will be set up to monitor the process.
The service will also be overseen by the Jersey Care Commission.
How do the proposals differ from the UK?
The recently published proposals also set out how the life-ending medication may be given.
The draft law permits both self-administration by the individual and administration by a trained health professional.
This goes further than the proposals currently before the UK Parliament, which allow self-administration only.