The Assisted Dying Bill reaches the clauses stage in the Legislative Council this week - and remains on track to become law in 2025.
Following an evidence session last month there are a number of amendments to Dr Alex Allinson’s private member’s’ bill that have been put forward by MLCs.
Diane Kelsey wants to add additional information to the declaration form such as the doctors’ GMC numbers and occupation of the witness. This mirrors the proposals in the Westminster bill.
She also proposes that anyone wanting to access assisted dying has to be registered with an Isle of Man GP.
Dawn Kinnish has proposed extra assurances that the individual who wants to end their life will be fully informed of all other palliative care options and that they are able to understand these.
Tanya August-Phillips has moved an amendment to link the implementation of the Bill with the development of the new capacity legislation.
And Rob Mercer has an amendment to the residency criteria which states that they must be ordinarily resident in the island for not less than one year prior to their diagnosis. The bill as originally drafted cited one year residency but this was to changed to five years following the recommendations of a House of Keys committee.
Paul Craine has a tabled number of amendments which bring an assessment of a social worker into the process as an additional step who then ‘must have met with the person, facilitated and accompanied the person on a visit to Hospice services, facilitated a financial assessment’.
His amendment nine would stop any doctor or nurse working for Manx Care from taking part in the provision of assisted dying unless they were employed under a separate contract to do so.
Mr Craine’s amendment 12 restricts the doctors who can opt to take part in the system and amendment 10 importantly attempts to reverse the decision of the House of Keys by shortening the prognosis of death from a terminal illness from the existing 12 months to six.
Dr Allinson said he was not supportive of Mr Craine’s amendments which he said, ‘seem to put additional unnecessary barriers in place of competent adults, who have capacity and are facing an imminent death, having a choice about how and when they die’.
He added: ‘I am supportive of most of the other amendments which seek to strengthen the existing safeguards and also reference the recent decisions made by the House of Commons to introduce a very similar bill.’
Dr Allinson said LegCo amendments to the bill will need to come back to the House of Keys next year for a further debate of the changes.
He said: ‘If the majority of members are in favour it will then be sent for Royal Assent.
‘Given events in the UK this may take some time. However, if successful this should become law next year and be ahead of similar progress in Scotland, England, Wales and Jersey.’
He added that there will need to be a carefully times implementation period to introduce the guidance, education, training and secondary regulations, many of which will also require Tynwald approval.
Following this, assisted dying could be made available as early as 2027.