Jersey Approves Assisted Dying Legislation, Following Isle of Man's Lead
Jersey has become the second jurisdiction within the British Isles to pass legislation legalising assisted dying, after its States Assembly voted through the draft Assisted Dying Law on Thursday. This move follows the Isle of Man's Tynwald, which became the first parliament in the region to agree on a framework for assisted dying in March last year. However, supporters of the law change have raised significant concerns about the lengthy delays in granting royal assent to the Isle of Man Bill, a process that has taken nearly four times longer than average for other legislation on the island.
Constitutional Delays and Royal Assent Process
As Crown Dependencies, both Jersey and the Isle of Man require royal assent for primary legislation to formally become law. The Lord Chancellor, currently David Lammy, must recommend this assent. Analysis by the Press Association reveals that the Assisted Dying Bill on the Isle of Man has faced a 338-day wait for processing by the UK Ministry of Justice, compared to an average of 88 days for other Bills since 2020. The next-slowest scrutiny process was in 2021, when the Climate Change Bill took 194 days to clear.
During debates, Jersey's attorney general, Matthew Jowitt, expressed confidence that the draft law would receive royal assent if passed by the island's parliament. He warned that failure to do so would create "a constitutional difficulty of some magnitude," describing the relationship as a "ballet" requiring careful coordination to avoid stepping on each other's toes.
Legislative Details and Eligibility Criteria
Jersey's parliament initially voted in May 2024 to draft laws for an assisted dying service. After three days of debate, the law was approved with 32 members in favour and 16 against. Eligibility under the law requires individuals to have been resident in Jersey for at least 12 months, possess a voluntary, settled, and informed wish to end their life, and be terminally ill with a life expectancy of six months (or 12 months for neurodegenerative diseases). Unlike the Bill considered at Westminster, which mandates self-administration, Jersey's legislation allows a doctor or registered nurse to administer lethal drugs.
Campaigners hope to have a service operational in Jersey by the end of summer 2027. In contrast, the Isle of Man's Bill, passed on March 25 last year, would make assisted dying available to terminally ill adults expected to die within 12 months, with a five-year residency requirement. An Isle of Man Government spokesperson noted that implementation could take up to two years after royal assent, pending secondary legislation and code of practice development.
Broader Context and Political Scrutiny
Alex Allinson, the GP and independent member behind the Isle of Man's legislation, has voiced concerns over the delay, noting that Whitehall has not raised fundamental questions about the Bill's principles. He emphasised that royal assent is crucial to proceed with further consultations for implementation. A UK Government spokesperson attributed processing times to the complexities and sensitivities of Bills, with no set deadline for Whitehall to process legislation from Douglas.
Meanwhile, the Terminally Ill Adults (End of Life) Bill for England and Wales continues scrutiny in the House of Lords, with accusations of opponents attempting to "talk out" the legislation. Welsh lawmakers have given legislative consent, and the Assisted Dying for Terminally Ill Adults (Scotland) Bill is expected to be voted on at Holyrood in March, highlighting the ongoing national debate over assisted dying policies across the UK.
