Assisted Dying Bill - everything you need to know on proposed new law

A proposed law could legalise assisted dying in England and Wales.

Spen Valley MP Kim Leadbeater has proposed the Terminally Ill Adults (End of Life) Bill. She put forward the bill in October and a debate and first vote will take place on Friday.

If the Bill passes the first stage in the Commons, it will go to committee stage where MPs can table amendments, before facing further scrutiny and votes in both the House of Commons and the House of Lords, meaning any change in the law would not be agreed until next year at the earliest.

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Ms Leadbeater’s Bill would apply only to England and Wales. Here is what we know so far.

Who would be eligible?

Only terminally ill adults who are expected to die within six months, have been resident in England and Wales, and registered with a GP for at least 12 months. They must possess the mental capacity to make an end-of-life decision and must express a clear, settled, and informed wish – free from coercion or pressure – to end their life.

How would the process work?

The terminally ill person must make two separate declarations, witnessed and signed, about their wish to die. Two independent doctors must confirm the person's eligibility, and they can consult a specialist in the person’s condition and get an assessment from a mental capacity expert if necessary.

A High Court judge must hear from at least one of the doctors regarding the application and can also question the dying person as well as anyone else they consider appropriate.

How long would it take?

There must be at least seven days between the two doctors making their assessments and a further 14 days after the judge has made a ruling, for the person to reflect on their decision.

For someone whose death is expected imminently, the 14-day period could be reduced to 48 hours.

What safeguards are there?

It would be unlawful for anyone to exert pressure, manipulate or use deception to make someone declare their wish to end their life or to encourage someone to self-administer a sanctioned substance. If found guilty of either of these actions, they could face up to 14 years in prison.

How soon could an assisted dying service be running?

Ms Leadbeater has suggested that an assisted dying service might not be operational for approximately two more years from the time the law is passed, with "even more consultation to make sure we get it right" at that stage.

What part do doctors play?

Doctors would not be compelled to participate. Those who do would need to ensure that the person making their declaration to die has done so voluntarily and has not been coerced or pressured by anyone else. They would also need to ensure that the person is making an informed decision, including being aware of other treatment options such as palliative and hospice care.

Doctors would not be obligated to bring up the option of assisted dying with a patient. The Bill states that there is nothing to prevent them "exercising their professional judgment to decide if, and when, it is appropriate to discuss the matter with a person".

What about judges?

It is not believed that judges would have the same right to decide whether or not to participate in the process.

Ms Leadbeater has stated that while this would be a new area of work for judges, they are "used to making these difficult and complex decisions and being part of this process", referring to current procedures around decisions on turning off life support machines for terminally ill people. Sir Max Hill, former director of public prosecutions who supports the Bill, mentioned that High Court hearings to decide on applications could be held in public.

Who would administer the medication?

The medication must be administered by the dying person themselves; no doctor or anyone else can give the medication to the terminally ill person. It's been suggested that a terminally ill person might be able to take such medication by pushing a button.

How many people are likely to use an assisted dying service?

Ms Leadbeater said evidence from other parts of the world where it is legal suggests assisted deaths account for between 0.5 and 3% of deaths. She believes the uptake would likely be in the hundreds, rather than thousands.

Will there be any scrutiny of how the new law operates?

The chief medical officers in England and Wales and the Health Secretary would be required to monitor and report on the operation of the law.

The Health Secretary would also be required to report on the availability, quality and distribution of appropriate health services to people with palliative care needs. This includes pain and symptom management, psychological support for those people and their families, and information about palliative care and how to access it.

History

The issue has not been voted on at Westminster for nearly a decade. An Assisted Dying Bill was presented to the Commons in 2015 but was rejected by MPs.

A Bill was also proposed in the House of Lords during the 2021/2022 session which reached a second reading in the chamber. Debates on assisted dying took place in Westminster Hall in July 2022 and April 2024.

What next?

If the Bill passes the first stage in the Commons on Friday, it will go to committee stage where MPs can table amendments. It will then face further scrutiny and votes in both the House of Commons and the House of Lords.

This means any change in the law would not be agreed until next year at the earliest. MPs are not guaranteed a vote on the Bill on Friday.

Bills such as this are known as private members’ bills (PMBs) and are considered during Friday sittings. The time available to consider them is from 9.30am until 2.30pm.

If the debate is still ongoing at 2.30pm then it is adjourned and the Bill falls to the bottom of the list, making it highly unlikely to make any further progress.

A closure motion, which can be moved at any point during proceedings to end the debate and force a vote, is typically proposed around 1pm on Friday sittings by an MP. If approved, the House then votes on whether or not to give the Bill a second reading.

If rejected, the debate resumes and the Bill is unlikely to progress.

In relation to the amendment tabled by some MPs to halt the Bill, a group of six cross-party MPs have proposed an amendment that would "decline" to give a second reading to the Bill. They argue that a PMB does not "allow for sufficient debate on and scrutiny of a Bill on a matter of this importance".

Whether the amendment is debated depends on if it is selected by the Speaker of the House of Commons, Sir Lindsay Hoyle. If chosen, the amendment will be debated as part of the main Bill's discussion.

If the amendment is selected and a majority of MPs vote in favour, the House is indicating it does not want the Bill to progress. This effectively reverses the initial question put to MPs – from asking if they want it to progress at second reading to asking them if they want to reject it.

If the amendment is not selected by the Speaker, the debate will focus on whether or not to approve the Bill at second reading in a straight yes or no vote.