CAMPAIGN IN PARLIAMENT

The current law on assisted dying is wrong. It is cruel, inhumane, and forces those who are terminally ill or intolerably suffering to endure unnecessary pain and distress. Nine in ten members of the public now support changing the law, and at least one Brit per week travels to Switzerland to end their life.

Our work aims to spotlight the experiences of those directly affected by the current law, and challenge the exclusion of those with intolerable illnesses from our lawmakers’ debates.

ASSISTED DYING INQUIRY

We want to see an end to the UK’s ban on assisted dying. Recent legal cases now indicate that only Parliament has the power to change the law, and if this is the case we think that their decision should be informed by robust and up-to-date evidence. More than 15 years have now passed since Parliament last scrutinised the evidence underpinning the UK’s ban in any detail, and since then the facts have materially changed. To secure an inquiry we’ve:

  • Helped to organise the largest parliamentary joint-statement ever in support of an assisted dying inquiry. 50+ MPs and peers – from across the political spectrum, including some previously opposed to assisted dying reform – signed our statement calling on the Secretary of State for Justice and Chairs of the Health, Justice, and Human Rights Select Committees to launch an inquiry into the law
  • Organised open letters, bringing together the claimants and families of most of the past assisted dying cases, and 34 doctors, politicians, religious leaders, academics, and campaigners in support of an inquiry
  • Published a map of assisted deaths which revealed for the first time the extent to which people who travel abroad for assisted deaths are unknown to the police, and from which constituencies people have travelled for an assisted death 
  • Published research adding pressure for an inquiry, by revealing that more than one Brit per week now travels to Switzerland to end their life.

IN-DEPTH

Since 2003, there have been three major attempts to change the law on assisted dying in England and Wales – all have sadly failed. In 2003 Lord Joffe’s Patient (Assisted Dying) Bill and its later iterations failed to pass into law, and lawmakers resolved to hold an inquiry into the law via Lord Mackay’s Select Committee. In 2014, following Tony Nicklinson’s unsuccessful bid to change the law, Lord Falconer introduced new legislation which proposed legalising assisted dying for those with six months or fewer left to live. Regrettably, although the Bill secured provisional support in the House of Lords, it failed to become law and ran out of time. In 2015, Rob Marris MP introduced a Private Member’s Bill which was almost identical to Lord Falconer’s proposals in the House of Commons, but was defeated by 330 votes against to 118 in favour.

BROADENING THE DEBATE

All too often the voices of those most relevant to this debate – people living with intolerable suffering – are sidelined or shut out by our decision-makers considering assisted dying. We want to see a change in the law that respects the choices of both those with terminal illnesses and intolerable suffering. To broaden the debate and secure a lasting change in the law we have: 

  • Commissioned independent research showing that support for assisted dying reform has more than doubled since 2014, and up to 88% of the public favour changing the law for those who are intolerably suffering
  • Repeatedly briefed the UK Parliament on assisted dying, for example urging decision-makers to highlight the case of Phil Newby. Our work was also explicitly cited by one MP as a contributing factor to his change of heart
  • Submitted expert evidence to Jersey’s Citizens’ Jury on assisted dying, dispelling myths about a lack of support for reform amongst the faith community and highlighting the case for an inclusive change in the law
  • Worked with our patron Professor Wendy Savage to prompt a review into the British Medical Association’s stance on assisted dying. Subsequently, we also campaigned and organised an open letter from 30 doctors, philosophers, and academics calling for the BMA to drop its opposition, and helped to secure a landmark verdict: 40% of doctors voted for the BMA to actively support changing the law, 21% favoured a neutral stance, and only 33% voted for the BMA to remain opposed
  • Co-founded the UK Assisted Dying Coalition – which brought together all the leading assisted dying groups in the UK and Crown Dependencies favouring a change in the law for those who are terminally ill and intolerably suffering.

BUT WE NEED YOUR HELP

We’re currently pushing for an inquiry into the law on assisted dying. In 2015, we know that a major barrier to success was that MPs didn’t receive enough letters encouraging them to support a change in the law. You can help us secure an inquiry by writing to your MP and asking them to support an inquiry into the law. Our take action toolkit has advice on how to go about this. 

You can also support our campaign by becoming a member or by making a donation. As an entirely volunteer-led organisation we need financial support to keep our campaigns going. If you have a story to tell, or would like to support our campaign please get in touch campaigns@mydeath-mydecision.org.uk 

WHAT WE WANT

My Death, My Decision campaigns for an assisted dying law that would give adults of sound mind, who are either incurably suffering or terminally ill, the option of an assisted death. We would press for any such law to include a robust set of safeguards to satisfy independent medical assessors that someone was fully informed and had made a well-considered and consistent request which was free from coercion. 

In many cases, those who request assisted deaths suffer from terminal illnesses. However, we do not believe that there is a strong moral case to limit this option solely to those with six months left to live. The option of an assisted death should be based on someone’s suffering, and life expectancy in and of itself says nothing about this.

You can read our full written submission to the Health and Social Care Committee here. Our submission was part of the 2022/23 public inquiry into Assisted Dying.

IN-DEPTH

The Canadian model of assisted dying has fast become the international benchmark for assisted dying legislation. Therefore, we believe it should be used as an indicative guide for future legislation in England and Wales.

This would mean that in order to qualify for an assisted death someone would have to be: 

  • At least 18 years old; 
  • Mentally competent when they request assistance and at their moment of death; and 
  • Either ‘terminally ill’, suffering from a ‘severe and incurable condition’, or suffering from a ‘severe degenerative condition’ 

All of these terms already have a well established meaning under the law, or are based upon guidance from the Director of Public Prosecutions. For example, the term ‘mental capacity’ refers to a clear test, frequently used by doctors, under the Mental Capacity Act 2005.

We also believe that people should only be provided with assistance to die if: 

  • They have demonstrably understood the nature of their condition and had all their alternative treatment options explained
  • They have made a well-considered decision (meaning it is not sudden or on the spur of the moment)
  • They have consistently expressed that it is their wish to die
  • There is no reasonable evidence that they have been coerced into seeking an assisted death. 

Alongside these conditions we believe there should be robust safeguards. These could be drawn from countries which have already legalised assisted dying, or from the current protections we have in place for when someone refuses life-saving treatment or makes a lasting power of attorney. For example, they could include: 

  • Two independent medical assessors would have to be satisfied that someone met the relevant qualifications for an assisted death
  • Someone must be provided with the opportunity to receive counselling before being assisted to die
  • Any authorised person who assisted another person to die must report their involvement to an independent oversight council, and the substances provided must be accounted for afterwards.  

In the event that assisted dying became legal we would expect the actual provision of assistance to be provided by a specialist set of practitioners, not by GPs, general doctors, or friends and family members. In any event we would support the right of any medical professional conscientiously to opt out of assisted dying. 

WHY WE DON’T SUPPORT A SIX MONTH RESTRICTION

There are predominantly two models of assisted dying around the world. The first, most notably found in Oregon and some other parts of the United States and some states in Australia, only provides assistance to those who have six or fewer months left to live. The second, of which Canada is a prime example, provides assistance for people with both terminal or intolerable conditions. 

My Death, My Decision and the UK Assisted Dying Coalition campaign for the second form of assisted dying.

We do so for several reasons:

  • We believe that there is a strong moral case to enable those who are intolerably suffering and have no prospect of improvement, to choose the manner and moment of their own death. The suffering of people with incurable conditions is no less severe than the suffering of those with terminal illnesses. If anything, it’s worse, since they will face longer periods of pain without reprieve.
  • Legalising assisted dying for a very select number of people will fail to help those who are likely to need assistance the most. Without an inclusive change in the law, people with incurable conditions would still be forced to break the law by travelling to Switzerland, or lawfully end their lives through the inhumane prospect of starving themselves to death or other means.
  • Limiting the option of an assisted death to those with six months left to live would be discriminatory. People who suffer in the same way, and seek the same degree of control over the end of their lives, but happen not to be terminally ill, still deserve to be treated with the same degree of dignity and respect in the eyes of our law
  • 59% of UK doctors think assisted dying should be available to both those who are terminally ill and intolerably suffering. Doctors freely admit that they cannot accurately predict when someone only has six months left to live, but even if they could, there is no principled reason why someone is more deserving of a choice to end their life when they have six months left to live, rather than seven or eight – or even the torment of years of suffering. 
  • In the final six months of life, people with degenerative brain conditions, such as dementia, often lack mental capacity and would be unable to request assistance. If someone has the certain knowledge that they face irreversible decline, we don’t believe a limited law should force them to suffer until the bitter end.
  • An abundance of international evidence shows that assisted dying laws are most effective when they respect the choices of both those who are terminally ill and intolerably suffering. That’s why the vast majority of countries where assisted dying is legal do not have a six-month rule.