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Fears the Channel Islands could become a hub for 'death tourism' is one issue confronted by new proposals for introducing assisted dying legislation in Jersey.
Rules aimed at preventing health professionals from feeling pressured into hastening the end of someone's life are another of the key safeguards included in the new and detailed report, published today.
The proposals include details regarding the eligibility criteria for assisted dying, the steps and timeline, the appeals process, and the expiry date.
The report is now out for consultation and people in Jersey are being asked for their views.
This puts our sister island a further step ahead of Guernsey which has not consulted the public on the matter despite a globally publicised States debate on the topic in 2018.
That debate, brought to the States by then-Chief Minister, Deputy Gavin St Pier ended in defeat, but one aspect approved concerned improvements in community, services, palliative care and end of life care among other matters. You can read that part of the amendment in full here.
Pictured: This amendment, to the 2018 requete on assisted dying, was the only part approved by the then-States of Deliberation.
Since the defeat of the assisted dying legislation proposals in 2018, a lull in progress in Guernsey has been matched by steps forward elsewhere.
A vote in Jersey last year saw politicians there approve – in principle – changing the law to permit people to choose when to die if they have a terminal illness or an incurable condition causing unbearable suffering.
This was five months after a consultative citizens’ jury voted by a majority of nearly 80% to recommend that Jersey should allow assisted dying.
The public consultation on the topic launched in Jersey today is not about debating the principle of assisted dying itself, but is instead asking islanders to put forward their views on how an Assisted Dying Service in Jersey could be delivered.
Pictured: The proposals aim to protect against assisted dying 'tourism' developing by ensuring any service can only be used by Jersey residents.
The proposals suggest that, to be able to access assisted dying, a person must have been ordinarily resident in Jersey for at least 12 months prior to making their first formal request for an assisted death.
‘Ordinarily resident’ means a person who lives in Jersey and spends all their time here except for short visits abroad on business or holiday. It does not include people who temporarily live in Jersey for work or for study, or are on holiday in Jersey.
The proposals also suggest that any healthcare professionals who are involved in the assisted dying process must actively ‘opt-in’ and will not be forced to take part. Involved healthcare professionals will also undergo specific training and be offered psychological support.
Pictured: Health professionals will be asked to 'opt-in' rather than 'opt-out' as a safeguard, and will also be offered psychological support.
This aspect of the detailed proposals also raises questions around the right to conscientious objection, which ensures that people are free to act in accordance with their own personal beliefs about assisted dying.
The assisted dying law will state that no-one can be forced to directly participate in the assessment, approval or delivery of an assisted death.
However, there may be certain elements of a person’s job that may relate indirectly to assisted dying, such as providing the usual care or treatment to someone who has requested assisted dying or delivering medical supplies for use in assisted dying.
A right not to participate in these indirect tasks would not be covered by a conscientious objection clause.
There are also some tasks where it may not be clear whether they relate direct or indirectly to assisted dying, such as giving permission for a person to have an assisted death on your premises (for example, in a care home or hospice).
The survey which accompanies the full consultation document asks questions about which tasks should be included in the scope of conscientious objection clause, as well asking people if the eligibility criteria is appropriate.
The survey also focuses on gaining insight into islander’s opinions on the nine steps in the assisted dying process, the timeline proposed for them, the appeals process, and the lack of expiry date.
Jersey's Health Minister Deputy Karen Wilson said: “We have reached the next phase of this important public engagement. This is an incredibly sensitive and complex issue that needs careful consideration and planning.”
Proposals on Jersey's Assisted Dying Service are due to be lodged early next year with the debate on legislation taking place in Spring 2023.
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