Assisted dying: What is the law as Westminster prepares for a new bill?

Labour MP Kim Leadbeater’s bill will be formally introduced to the Commons on Wednesday and debated next month.

The assisted dying debate will return to Parliament this week as a new bill is formally introduced in the House of Commons.

A debate on the bill next month will mark the first time the controversial issue has been voted on in the Commons in almost a decade.

Here, the PA news agency takes a look at the situation as it stands across the UK, Ireland and Crown Dependencies.

– What is assisted dying?

Campaigners are joined by some Members of Parliament as they protest outside Parliament in Westminster, London, ahead of a debate in the House of Commons on assisted dying — Campaigners outside Parliament in Westminster ahead of a debate on assisted dying earlier this year (Samuel Montgomery/PA)

Pro-change campaigners Dignity in Dying say that assisted dying allows a person with a terminal condition the choice to control their death if they decide their suffering is unbearable.

They argue that, along with good care, dying people who are terminally ill and mentally competent adults deserve the choice to control the timing and manner of their death.

But the campaign group Care Not Killing uses the terms “assisted suicide” and “euthanasia”, and argues that the focus should be on “promoting more and better palliative care” rather than any law change.

They say legalising assisted dying could “place pressure on vulnerable people to end their lives for fear of being a financial, emotional or care burden upon others” and argue the disabled, elderly, sick or depressed could be especially at risk.

– What is the current law?

Some campaigners have been calling for a change in the law on assisted dying (Jonathan Brady/PA)

In Scotland, it is not a specific criminal offence but assisting the death of someone can leave a person open to being charged with murder or other offences.

– What is happening at Westminster?

A report by a committee of MPs at Westminster said legalisation in at least one jurisdiction is looking “increasingly likely” (Kirsty O’Connor/PA) — A report by a committee of MPs at Westminster said legalisation in at least one jurisdiction is looking ‘increasingly likely’ (Kirsty O’Connor/PA)

On Wednesday, Kim Leadbeater will formally introduce her bill to give choice at the end of life for the terminally ill.

A debate and first vote are expected to take place on November 29.

If the bill – the formal title of which will be announced on Wednesday – passes the first stage in the Commons, it will go to committee stage where MPs can table amendments, before facing further scrutiny and votes in both the House of Commons and the House of Lords.

Ms Leadbeater’s bill applies only to England and Wales.

– Has the issue been voted on at Westminster before?

Not for almost a decade. An Assisted Dying Bill, which would have allowed some terminally ill adults to ask for medical help to end their life, went before the Commons in 2015 and was rejected by MPs.

There was also a Bill proposed in the House of Lords during the 2021/2022 session which reached a second reading in the chamber, while a Westminster Hall debate on assisted dying took place in July 2022.

– Are MPs guaranteed a vote on the bill next month?

No. Bills such as this are known as private member’s bills (PMBs) and are considered during Friday sittings. The time available to consider them is from 9.30am until 2.30pm.

If the debate is still ongoing at 2.30pm then it is adjourned and the bill falls to the bottom of the list, which means it is highly unlikely to make any further progress.

A closure motion can be moved to curtail the debate and force a vote. It may be moved at any time during proceedings.

On Friday sittings, an MP seeking to move such a motion tends to do so at around 1pm. If approved, the House then votes on whether or not to give the bill a second reading.

If rejected, the House resumes the debate and the bill is unlikely to progress.

– What is happening in Scotland?

Scottish Liberal Democrat MSP Liam McArthur has introduced an Assisted Dying Bill (Jane Barlow/PA)

It is the third attempt to make assisted dying legal in Scotland after two bills were previously voted down.

– What about other parts of the UK, Ireland and the Crown Dependencies?

Demonstration outside the Isle of Man's parliament — The Isle of Man’s parliament has been considering an Assisted Dying Bill (Alamy/PA)

In May, Jersey’s parliament voted in favour of drawing up laws to establish an assisted dying service on the island for terminally ill people and, if the law is approved, the earliest it could come into effect would be spring 2027.

An Assisted Dying Bill in the Isle of Man passed a third reading in July, and is due to be debated further later this month, with campaigners saying if the Bill gains royal assent next year, assisted dying could be available to eligible Manx residents from 2027.

In the Republic of Ireland, a committee recommended in March that legislation allowing for assisted dying in certain restricted circumstances should be introduced but it led to a split, with some committee members arguing the case for assisted dying “has not been established”.

A Voluntary Assisted Dying private member’s bill was introduced in the Irish parliament in June and is in the early stages.

– What are the views of the public?

Campaigners against assisted dying protest outside Parliament (Jordan Pettitt/PA)

But it showed the changeable nature of some people’s views, with some of those voicing support saying they could change their minds if they felt someone had been pressured into choosing an assisted death or had made the choice due to lack of access to care.

Overall, the polling found a fifth (20%) of people said they do not want assisted dying to be legalised in the next five years, while 63% said they do.

Campaigners from Care Not Killing said this polling showed public support for what they term “assisted suicide” had lessened in the past decade and highlighted the statistics around those who are concerned about people feeling pressure to end their lives.