Euthanasia, also known as assisted suicide, is the deliberate taking of a person’s life through medical drugs to end their suffering. Under UK criminal law, it is considered manslaughter or murder, with potential life imprisonment. The Suicide Act of 1961 further prohibits assisted suicide, carrying a maximum 14-year prison sentence.
Due to these strict laws, residents of England and Wales often travel to countries where assisted suicide is legal, a phenomenon known as ‘suicide tourism’.
On 26 July 2024, Lord Falconer introduced a Bill to the House of Lords aimed at allowing terminally ill adults to end their lives with safeguards. As a Private Member’s Bill, it has passed the First Reading and is scheduled for a Second Reading on 15 November 2024.
This article examines the requirements of the proposed legislation and its potential to achieve its goals. The bill would permit terminally ill individuals to apply to the Family Division of the UK High Court for assistance in ending their lives. A person is considered terminally ill if diagnosed as such by a medical practitioner and is expected to die within six months.
An application is successful only if the applicant is a legal adult, a resident in England and Wales, has a voluntary, clear, settled, and informed wish to end their life, and possesses the mental capacity to make such a decision. Applicants must sign a Section 3 Declaration, witnessed by a primary doctor and an independent doctor, who must independently assess the applicant’s condition.
The bill does not legalise euthanasia or assisted suicide in all cases; it is limited to those with terminal illnesses expected to die within six months. Conditions like MS, Ataxia, Locked-In Syndrome, and degenerative nerve diseases, which severely impact quality of life but are not terminal, are not covered by the bill.
The proposed legislation on assisted suicide is cautiously crafted, with a requirement for High Court judge approval that may deter eligible individuals from exercising their right to assisted suicide. This is a unique stipulation not found in other jurisdictions where assisted suicide is legal, highlighting the heavily safeguarded nature of the bill.
Despite potential drawbacks, the bill addresses the ethical concern of protecting vulnerable individuals from coercion into assisted dying. It establishes severe penalties for those who attempt to pressure applicants, including possible imprisonment or fines.
A forward-thinking aspect of the bill is the inclusion of a mandatory review clause, requiring an assessment five years post-legislation, ensuring its relevance and effectiveness. Additionally, Section 9 mandates the Chief Medical Officer to monitor the Act closely, submitting annual reports to government authorities. The impact of the bill can be gauged by examining landmark cases such as Pretty v United Kingdom and R (on the application of Nicklinson and another) v Ministry of Justice, which set precedents in the field of assisted suicide and human rights.In 2013, the Court of Appeal, echoing the Supreme Court’s stance, ruled that assisted suicide was a matter for Parliament rather than the courts, dismissing the case as lacking arguable grounds.
In 2019, a new lawsuit was filed alleging that current legislation violated human rights under Article 14 (prohibition against discrimination) and Article 8 (right to private and family life) of the European Convention on Human Rights.
Applying the proposed bill to specific cases, it is likely that individuals with terminal illnesses, like Pretty, would be covered, while those with non-terminal disabilities, such as Paul, would not. This highlights the need to broaden the bill’s scope to include individuals with permanent, paralysing disabilities.
The bill, previously introduced by Lord Falconer in 2015 and failing despite passing the Second Reading in the House of Lords, may garner more support this time. The current Prime Minister, Keir Starmer, has voiced his support for assisted dying, and Lord Falconer claims the bill is ‘safer and more robust’ than any previous proposal.
In 2023, a similar bill was passed in the Isle of Man, and the Scottish Parliament is considering similar legislation. As of October 2024, Peter Greenhill MLC is advancing the bill through the Principal Stages of the legislative process.
The passage of this bill would be a significant step for those with incurable conditions, establishing safeguards against misuse. While the bill is compassionate and supports dignity in death, it should be more inclusive of a broader range of medical issues to fully achieve its aims.
Reva Naidu, a third-year law student at the University of Law, London Bloomsbury, is interested in employment law, human rights, and enjoys legal writing. She also has a passion for solving the New York Times Daily Crossword Puzzle.
The Legal Cheek Journal is sponsored by LPC Law.
