A bill dealing with the issue of whether terminally ill adults should be allowed to end their lives with medical assistance has been introduced before Parliament, with MPs set to debate the issues on 29 November 2024.
Prime Minister Keir Starmer previously promised to give labour MPs a free vote on the matter.
The private member’s bill (“the Bill”), sponsored by Labour MP Kim Leadbeater, covers England and Wales only and replaces Lord Falconer’s Assisted Dying for Terminally Ill Adults Bill which was introduced in the House of Lords in July.
The topic was last debated in the House of Commons nearly a decade ago when an Assisted Dying Bill was decisively defeated in 2015. However, some believe public opinion and medical options have moved on since then with several other countries also having reviewed or being in the process of reviewing legislation in this area. Hence the call for a new Parliamentary debate and vote.
As with predecessor proposals, the latest Bill has both strong supporters and vocal critics. It has sparked wide-ranging debate on the ethics and legality of assisted death and whether the current law is fit for purpose.
At present assisting someone to end their life is against the law in England and Wales and can leave a person open to being charged with murder or other offences.
The Leadbeater Bill proposes that terminally ill adults should be allowed to receive help to die subject to certain restrictions and criteria .
At Kingsley Napley, we are not taking a view on the pros and cons of the Bill. We respect that there are differing views on the subject, what is a good death, whether there should be a choice to end life and if so, what protections should be in place, including for family members, and medical or other professionals.
However, we are monitoring the provisions and progress of the Bill so that we are equipped to advise our clients should a majority of MPs support its passage.
We will be considering the bill from the following perspectives:
- Criminal law: Our criminal lawyers will be looking at how the Bill treats individuals who may assist a terminally ill person to end their life and what steps are capable of amounting to assistance. Particularly, whether and if so how the Bill differentiates lawful and unlawful assistance. We will also be assessing how corporates and charities, affected by the Bill, can implement robust processes, controls and procedures to ensure their staff are sufficiently protected from allegations of criminal acts.
- Private Client: Estate planning and probate advice is important, especially where capacity concerns may need to be factored in. Those with cross border estates may need to consider the differing legal positions in other jurisdictions, and require advice on whether a beneficiary is at risk of forfeiting any overseas inheritance if they assist them with ending their life.
- Estate disputes: Disagreements can arise within families regarding the impact that a terminal illness had on the capacity of a loved one, or their potential vulnerability to undue influence in respect of decisions made shortly before they passed away. There is a potential for disputes to increase or become more acrimonious where people feel strongly about steps that have been taken to assist a loved one to end their life, especially if they financially benefit under the estate.
- Public Law: Given the differing opinions on the topic, there is a potential for challenges to legislative proposals either on process or human rights grounds.
- Regulatory advice: Doctors and other medical professionals will require new regulatory guidance in this area to reduce the risk of potential disciplinary issues due to their involvement in end-of-life situations. At present, all forms of assistance to a patient to end their life law contravenes the law, including encouraging and/or facilitating travel to a jurisdiction which permits assisted dying. The General Medical Council will undoubtedly be watching the developments in Parliament, in order to update its guidance to doctors and ensure there is clarity as to where the boundaries are. For example, it does not contravene the law to withhold or withdraw, or to not to continue life-sustaining treatment.
- Medical negligence: Family members of people who were assisted to end their lives may require advice on whether or not steps taken by medical professionals were appropriate and in accordance with any new legislation.
Should you have current concerns about the provisions of the proposed legislation in this area, experts across the firm are informed and well placed to advise. Click here for more details.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
Share insightLinkedIn X Facebook Email to a friend Print