Jersey Approves Assisted Dying Legislation as Isle of Man Faces Royal Assent Delays
Jersey has become the second jurisdiction within the British Isles to pass legislation legalising assisted dying, following a landmark vote in its States Assembly. However, significant concerns have emerged regarding the prolonged wait for similar legislation on the Isle of Man to receive royal assent from Whitehall.
Legislative Milestones and Constitutional Processes
On Thursday, Jersey's States Assembly approved its draft Assisted Dying Law, marking a pivotal step toward formalising the legislation. The bill will now proceed for royal assent, a necessary constitutional step for it to become law on the island. This development follows the Isle of Man's Tynwald, which became the first parliament in the British Isles to agree on a framework for assisted dying in March of last year.
As Crown Dependencies, both Jersey and the Isle of Man require the Lord Chancellor, currently David Lammy, to recommend royal assent for primary legislation. Analysis by the Press Association reveals that the process for the Isle of Man's Assisted Dying Bill has taken nearly four times longer than other bills on the island, with a delay of 338 days and counting.
Comparative Delays and Constitutional Implications
Data from a freedom of information request shows that since 2020, the Ministry of Justice has taken an average of 88 days to process Isle of Man legislation. In contrast, the Assisted Dying Bill has faced the slowest scrutiny, surpassing the previous record set by the Climate Change Bill in 2021, which took 194 days.
During debates, Jersey's attorney general, Matthew Jowitt, expressed confidence that the assisted dying draft law would receive royal assent, warning that failure to do so would create "a constitutional difficulty of some magnitude." He described the relationship between Jersey and the UK as a delicate "ballet," emphasising the need to avoid stepping on each other's toes.
Key Provisions and Implementation Timelines
Under Jersey's new law, eligibility for assisted dying requires individuals to have been resident for at least 12 months, possess a voluntary and informed wish to end their life, and be terminally ill with a life expectancy of six months, or 12 months for those with neurodegenerative diseases. Notably, unlike the Westminster bill, Jersey's legislation permits doctors or registered nurses to administer lethal drugs, rather than requiring self-administration.
Campaigners aim to have a service operational in Jersey by the end of summer 2027. However, Alex Allinson, the architect of the Isle of Man's legislation, has voiced concerns over delays, noting that even after royal assent, extensive work is needed to establish support systems for patients, families, and medical staff.
Broader Legislative Context and Political Dynamics
A UK Government spokesperson attributed processing delays to the "complexities and sensitivities" of bills, along with legal and constitutional issues. Dr Allinson highlighted the absence of a target timeframe for Whitehall to process legislation, describing it as "interesting." He asserted that no fundamental questions have been raised about the bill's principles, urging swift royal assent to proceed with implementation.
The Isle of Man's bill, passed on March 25 last year, would allow assisted dying for terminally ill adults expected to die within 12 months, with a five-year residency requirement. An Isle of Man Government spokesperson confirmed that the law will not commence until secondary legislation and a code of practice are developed and approved, with implementation potentially taking up to two years after royal assent.
Parallel Developments Across the UK
Meanwhile, the Terminally Ill Adults (End of Life) Bill for England and Wales continues scrutiny in the House of Lords, amid accusations of filibustering by opponents. Lord Falconer, the bill's sponsor, criticised these tactics, noting that the Commons, Jersey, and the Isle of Man have all passed similar legislation, while the Lords blocks progress in England and Wales. He indicated plans to invoke the Parliament Act to advance the bill.
In related moves, Welsh lawmakers in the Senedd recently granted legislative consent for the UK Parliament to pass the bill, and the Assisted Dying for Terminally Ill Adults (Scotland) Bill is slated for a vote at Holyrood in March.
