In a letter to Deputy Gavin St Pier, Lord Falconer wrote that having the debate “reflects positively on the island” and that there are “no constitutional risks” should the island proceed with legislation.

Deputy St Pier has lodged the Requete which, if supported during the States debate scheduled to start on Wednesday 16 May, could lead to a review of local laws which currently ban assisted dying. Lord Falconer said he is following those efforts "with great interest" adding that he wished to comment on two legal issues which have arisen so far.

It has been suggested that the UK's Privy Council - which has to approve Guernsey's laws - could withhold Royal Assent, but Lord Falconer said there is "no precendent to support such a view.

"The Privy Council would only ever intervene in a matter which is clearly within your government's competence, were you to pass legislation which breached the United Kingdom's international obligations."

He said an example of that would be in the hypothetical case of the States passing legislation which authorised Guernsey Police to torture suspects which would be a breach of the European Convention on Human Rights. Lord Falconer said in a case like that the Ministry of Justice would have intervened "long before the matter reached the Privy Council" so it would not happen.

Relating that to the ongoing campaigning to introduced legislation enabling assisted dying, Lord Falconer said "in short, there are no constitutional risks should you proceed with legislation which would allow assistance for the terminally ill to determine the timing of their own deaths."

A separate concern which has also been raised, regarding the UK law protecting British Citizens abroad under the Suicide Act 1961, would also not be applicable in Guernsey if the situation were to arise where a UK resident had opted for assisted dying in the island. 

Lord Falconer said it would be an "abuse of process" if the UK were to prosecute a matter which is not a criminal offence under Guernsey law and it would also lead to wider issues if other Overseas Territories were to allow assisted dying in the future. 

Pictured: The letter sent by Lord Falconer to Deputy Gavin St Pier 

While Deputy Gavin St Pier is leading the political battle to enable assisted dying in Guernsey, he is being supported by a number of other deputies, including Deputy Lyndon Trott, who has welcomed this intervention, “Lord Falconer is a privy counsellor. He visited the island a number of times during his period in office. And as a former Lord Chancellor, he understands the constitutional relationship between Guernsey and the UK.”

Another signatory to the Requete, Deputy Lester Queripel, added, “Lord Falconer also clarifies that the issue of the extraterritorial nature of criminal offences for British citizens under the UK’s 1961 Suicide Act are surmountable and not unique to Guernsey. The requerants have always felt that this was a hurdle rather than an insurmountable obstacle, and therefore we very much appreciate and welcome, such experienced third party affirmation from Lord Falconer.”

Pictured: Deputy Lester Queripel

The intervention from Lord Falconer comes amid a number of public meetings regarding assisted dying. One held at Les Cotils on Monday heard arguments on both sides of the debate. A second to be held tonight will hear arguments against assisted dying, in an event held at St Joseph's Church Hall.

A third public meeting - described as the "final public meeting" is to be held at Les Beaucamps High School from 19:00 on Thursday 10 May with guest speakers. 

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