by Mick the Ram

In a historic vote, MP’s in the UK have backed proposals to legalise assisted dying in England and Wales, paving the way for a monumental change in the law.

The first Commons vote on the issue in nearly a decade came after an emotional debate, with MPs supporting a bill which would allow terminally ill adults expected to die within six months, to seek help to end their own life by 330 votes to 275.

The MP’s had been given a free vote, essentially being allowed to make a decision based on personal conscience, rather than the normal instruction which is to tow the party line.

Prime Minister Sir Keir Starmer and his Conservative predecessor Rishi Sunak both are known to have voted in favour, whilst the new Tory leader Kemi Badenoch voted against.

The bill will now face many more months of debate and scrutiny by MPs and peers, who could still choose to amend it; then it has to pass through five parliamentary stages and five more handled by peers, followed by a further rounds of voting, before it can become law.

Should it overcome all the potential obstacles, legislation could take up to two years to come into force.

Passionate arguments on both sides of debate

The “yes” vote followed more than four hours of passionate debate in a completely packed Commons chamber.

Several MP’s gave their reasons on both sides of the argument, although the PM – who previously supported a change in the law back in 2015 – chose not to speak as he did not want to influence other people’s decision.

Heartbreaking suffering

One person who did speak was Labour MP Kim Leadbeater who initially put forward the bill for debate.

She said the current law was “failing” and needed to change to give terminally ill people choice at the end of their life, adding that too many individuals were experiencing “heartbreaking” suffering.

Criteria to be met

Under the proposals, a High Court judge would have to rule each time a person makes a request to end their life. They would have to be over the age of 18, and have been registered with a GP for at least 12 months.

They would have to have the mental capacity to make the choice, and be expected to die within 6 months. Additionally, they would have to make two separate declarations, witnessed and signed, about their wish to die and satisfy two independent doctors that they are eligible – with at least seven days between each assessment.

Self administering

A period of 14 days would then be required to pass after the ruling, allowing patients to reflect and be absolutely sure.

At that point with all boxes ticked, a doctor would prepare the substance being used to end the patient’s life, but the person would take it themselves and the bill does not say which drug would be used.

Concerns around coercing

Opponents of the Bill raised concerns that some terminally ill people may also feel under pressure to end their lives as they don’t “want to be a burden” or because of the cost of their care.

There was also genuine worry that those same category of people, particularly the elderly, disabled or vulnerable, could be pressurised into ending their own lives.

However, the Bill should it get through, makes it clear that it would be illegal to use dishonesty, pressure or to coerce someone into declaring they want to end their life, with a possible 14-year prison sentence for anyone found guilty of doing so.

Long way to go still

There are still many parliamentary hurdles for the Bill to clear before it becomes law. It will now move on to be scrutinised at committee stage, where it will be scrutinised line by line by a smaller group of MPs.

Report stage will then follow, allowing any MPs to propose amendments with the Commons Speaker deciding which ones are debated and voted on.

King would formalise Bill

After all this, MPs get one final chance to vote for or against the Bill, at what is known as third reading and of course some – particularly those who are 50/50 about it – may change their mind.

Should it then still be a “yes” vote and no further changes required, the Bill would be sent to King Charles III for what is known as “Royal Assent”, which formalises the law as an act of Parliament.

Plenty of others already legal in practice

Worldwide more than 200 million people have legal access to assisted dying. Switzerland is possibly the most well known country – certainly in Europe – accepting foreign patients along with their own Swiss nationals.

The countries of Austria, the Netherlands, Spain, Belgium and Luxembourg also have laws that allow people  to receive assistance to die.

In America 11 of its states – Oregon, California, New Mexico, Colorado, Washington, Hawaii, New Jersey, Vermont, Maine and Washington DC – allow “physician-assisted dying” whereby permission is given to doctors to prescribe lethal drugs for self-administration.

In Canada it goes by a different name (medical assistance in dying) but essentially is the same thing; and both Australia and New Zealand have Acts which permit assistance, although laws differ across their regions.  

On a par with some of biggest law changes ever in country

Should it find its way through the minefield of obstacles, it would represent one of the most significant changes in law in the UK.

It probably would be worthy of comparison with the likes of the banning of the death penalty in the UK in 1965; the Abortion Act in 1967; the Sexual Offences Act of the same year; or more recently the legalisation of gay marriage in England and Wales in 2014.