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Politicians in Jersey have voted in favour of setting up an assisted dying service in the island for people with terminal illnesses and neurodegenerative diseases, following a landmark vote in the States Assembly today.
However, politicians did not approve making those with incurable conditions causing them "unbearable suffering" eligible to choose when to end their lives.
The approved proposal is similar to assisted dying laws in Australia, New Zealand and several US States, where only terminally ill adults deemed to have clear mental capacity are eligible.
After an ‘in-principle’ decision was made in 2021 to legalise assisted dying in Jersey, and the States Assembly this week debated the principles underlying how such a service would work.
Setting Jersey on course to become the first in the British Isles to legalise assisted dying, a law will now be drafted with a debate taking place by the end of 2025
As well as giving their support to what has become known as 'Route One', States Members agreed that healthcare professionals should be able to opt out of taking part in the assisted dying process.
Video: The vote took place in the States Assembly this afternoon, following a debate that opened yesterday.
It was also agreed that there should be a 'minimum timeframe' between the first formal request for an assisted death and the act itself.
The vote was split into five separate parts:
1. Establishing an assisted dying service for adult residents who have made a voluntary and informed decision to die: 31 votes pour, 15 contre, 0 abstentions.
2. Limiting eligibility to people with a terminal illness with a life expectancy of six months, or 12 months if they have a neurodegenerative disease (known as Route One): 32 pour, 14 contre, 0 abstentions.
3. The service being open to someone with an incurable physical condition which might not be terminal but is causing them unbearable suffering (known as Route Two): 19 pour, 27 contre.
4. An opt-out for health professionals, giving them a right to refuse to participate in assisted dying: 45 pour, 1 contre (Constable of St Ouen, Richard Honeycombe).
5. Minimum timeframes between the first formal request for an assisted death and the act itself – 14 days for route one and 90 days under Route Two: 44 pour, 1 contre (Deputy Barbara Ward), 1 abstention (Deputy Raluca Kovacs).
The votes followed a lengthy debate in which the stories of numerous islanders with terminal and life-limiting conditions were shared.
Concluding the debate, Health Minister Tom Binet reflected on the final moments of his own father's life, and concluded with a question which had been raised earlier by the Dean: "In what sort of society do we want to live?"
During the debate, numerous States Members paid tribute to those who had Jersey people who have spoken out about the need for change over the years.
This included prominent campaigner Alain du Chemin, who had a brain tumour and spent his final months pushing for reform, journalist Gary Burgess, and Charlie Tostevin, a former Jersey Football Association Chair who is living with motor neurone disease.
Jennifer Bridge MBE, former States Member and leader of Jersey Assisted Dying Action Group, said: “This is a historic day for Jersey. My dear friend Alain du Chemin spent his final months fighting for reform and he would be so proud to see States Members honouring his wishes today. I believe that the proposals States Members have voted for today will make up the right law for Jersey."
Pictured: Alain du Chemin spent the final months of his life campaigning for change alongside his husband.
She continued: "Without offering our citizens this choice, many do suffer despite receiving excellent palliative care, some take their own lives and those with financial means may take the loneliest journey of their life and travel alone to Dignitas.
"I hope States Members will continue to give their support to this reform because the vast majority of us agree that an assisted dying law would be safer and kinder than the status quo.”
Sarah Wootton, Chief Executive of Dignity in Dying, lauded the vote as a "victory for compassion and common sense".
"We congratulate States Members for listening to the wishes of Jersey citizens and rejecting the assisted dying ban. They have recognised that doing nothing and maintaining the status quo is unconscionable.
"Terminal illness assisted dying laws are much safer than the current law, which forces those at the end of their lives to choose between facing painful deaths or taking their own lives. These laws do not expand, and palliative care often improves once they are implemented.
"Jersey is on the cusp of historic change to give dying people the choice and compassion that they are calling out for.”
Humanists UK Chief Executive Andrew Copson, however, had mixed feelings about the result.
"This is a momentous victory for human dignity and personal autonomy," he said.
"Jersey's politicians have shown great courage and compassion in their assisted dying vote. We hope this progressive move will inspire politicians across the UK to follow suit, recognising the right of individuals to make decisions about their own lives, free from unnecessary suffering.
"This victory is however bittersweet. It lets down people who are suffering from incurable conditions, like multiple sclerosis, denying them the choice of an assisted death. These people in Jersey will continue to be denied their dignity."
It is expected the process for drafting a law could take around 18 months, with a debate then taking place by the end of 2025.
If a law is approved, it is expected a further 18-month implementation period will then begin, meaning the earliest for it to come into effect would be summer 2027.
During this time, some of the specifics of how the service would operate would need to be worked out – and this includes where it would operate from.
Deputy Binet has agreed with Scrutiny politicians that the General Hospital should be a "last resort" for assisted dying, but declined to fully rule out the idea of it being an Assisted Dying Service headquarters.
Jersey Hospice has also been clear that it would not provide such a service on-site.
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