Today’s defeat, by 286 votes to 270, in the British House of Commons means that Assisted Dying will remain illegal in England and Wales, at least until 2030 and probably well beyond.
Certainly, there will be no attempt to revive this twice-defeated legislation until after the next General Election (expected in 2029) and, even then, doubts are likely to remain about the practicality of seeking any change by means of a Private Member’s Bill. Within some Parties, there will be arguments that the change is so necessary it should be included in their Election Manifesto. Only in the Liberal Democrats is that argument likely to succeed.
So what thenshould the campaigners for Assisted Dying reform actually spend their time doing for the next few years ? Well, here are three suggestions.
First, seek some form of unity – however awkward that might feel at the moment. It was really the insistence by Dignity in Dying that any reform must include the certified six-month safeguard that prevented My Death My Decision from offering their full support.
Second seek some form of lesser legislation to de-criminalise people who travel to Switzerland with relatives, at the relatives’ own request, to obtain help from one of the Swiss VAD (Voluntary Assisted Dying) providers.
Third, try to bring legal tidiness to the operation of the Forfeiture Rule which currently prevents anyone from inheriting anything from someone they have helped to die. The Rule is based solely upon Common Law (i.e. decisions by Courts) rather than Statute. The Courts themselves insist that each decision should be on a case-by-case basis and that no precedent should be set. The result is chaos. Professional Executors of high value estates now feel obliged to seek Court clearance before getting on with their tasks – meaning long delays to Probate and heavy legal fees.
