What The Assisted Dying Bill Could Mean For Patients In England And Wales

Terminally adults with less than six months left to live could be allowed to legally end their lives.
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A small demonstration by people advocating assisted dying hold a protest outside the Hoses of Parliament as a bill to legalise assisted dying is to be put before lawmakers in London, England, Wednesday, Oct. 16, 2024.
via Associated Press

A private member’s bill to legalise assisted dying in England and Wales has now been published and will be voted on in the House of Commons at the end of the month.

The proposed legislation could allow terminally ill people aged over 18 to end their lives when they choose to, rather than suffer through a prolonged illness.

However, those opposed to the bill fear it could mean patients feel pressured to die.

Here’s what you need to know.

What is the current law on assisted dying?

Assisted dying is not legal in the UK right now.

The Commons last voted on the issue back in 2015, when MPs rejected plans to allow terminally ill adults to end their lives with medical supervision.

Labour MP Kim Leadbeater, who is spearheading the new bill, said the current laws in the UK are “not fit for purpose” and “leading to people having horrible deaths, taking their own lives [and] having to go to other countries [to die] if they can afford it”. 

A separate bill to legalise assisting dying has been proposed in Scotland.

What is in the bill?

The bill allows terminally ill adults – who have less than six months to live – to decide to die.

The individual would have to be over the age of 18, a resident in England or Wales, registered with a GP for at least 12 months, have the mental capacity to make a clear choice about ending their life, and express a “clear, settled and informed” wish to die throughout the process – without any coercion.

The patient would have to self-administer the end of life substance too, as a doctor could only prepare it or help the individual ingest.

Leadbeater claims the bill offers the “strictest safeguards anywhere in the world”, as two independent doctors and a High Court judge would have to confirm the individual in question is eligible for assisted dying.

There would need to be at least a week between each doctor’s decision, and both medical professionals would have to be sure the individual had not been pressured or coerced into choosing assisted dying.

The patient would have to wait a fortnight after the judge’s ruling until they could be assisted to die, unless their death is imminent.

If someone is found guilty of pressuring someone to take part in assisted dying, they could face 14 years behind bars.

What happens next?

There will be an unwhipped, free vote – meaning MPs can choose the option they prefer, without repercussions from their parties – in the Commons on November 29.

The bill will then face more scrutiny from MPs and peers who could amend it.

A final version, if approved by both the Commons and the Lords, would then become law.

What are the major concerns about the bill?

Baroness Tanni Grey-Thompson has said she is concerned that this legislation could expand and impact people with disabilities.

Tory MP Danny Kruger wrote on X: “Anyone who can find two doctors to confirm they’re within six months of death – and a judge to confirm they’re making their own decision – can qualify.”

Health secretary Wes Streeting has said he will be voting against the bill out of fears it could lead to coercion, while justice secretary Shabana Mahmood said she is opposed to it on religious grounds.

How is the rest of the cabinet voting?

Business secretary Jonathan Reynolds has expressed concerns about the protections for vulnerable people, while chief secretary to the Treasury, foreign secretary David Lammy and deputy PM Angela Rayner are expected to vote against it, too.

But energy security secretary Ed Miliband, culture secretary Lisa Nandy and Northern Ireland secretary Hilary Benn have all said they will be backing it.

PM Keir Starmer voted for a similar bill in 2015, but wavered on the issue on Monday, telling reporters: “Obviously a lot will depend on the detail and we need to get the balance right, but I’ve always argued there will need to be proper safeguards in place.”

Other cabinet ministers – Peter Kyle, Pat McFadden, Liz Kendall, Louise Haigh, John Healey, Ian Murray, Jo Stevens, Yvette Cooper and Lucy Powell – have either backed assisted dying in the past or expressed interest in supporting assisted dying this time around.