A proposed amendment to Jersey’s assisted dying legislation aims to prevent individuals who lose mental capacity from proceeding with pre-approved assisted death. The amendment, introduced by Assistant Health Minister Deputy Barbara Ward, seeks to eliminate the controversial “waiver of requirement for future capacity” from the draft law.
This waiver currently allows for assisted death to occur even if a patient becomes unconscious or loses the capacity to consent after initially agreeing to the procedure. Deputy Ward argues that this provision transforms assisted dying into what she describes as “non-voluntary euthanasia.” She stated, “The inclusion of the waiver changes the draft law from an assisted dying action to an administering practice of non-voluntary euthanasia,” emphasizing the legal implications of such actions, which are classified as “either manslaughter or murder.”
Under Deputy Ward’s proposed amendment, assisted dying would only be permitted if the individual retains mental capacity and can provide clear, voluntary consent at the time of drug administration. Any loss of capacity would automatically halt the process. She expressed concern that the waiver undermines existing laws related to capacity and self-determination, calling it “remarkable” and potentially problematic.
Furthermore, Deputy Ward raised alarms about possible safeguarding issues, questioning whether adequate protections could be maintained once a patient is unable to confirm their wishes. “The proposal for a waiver of future capacity directly conflicts with the safeguards claimed in the draft law,” she remarked, warning that it could lead to discrimination, negligence, coercion, and even criminality.
In her statement, she asserted, “To administer terminal drugs to an unconscious patient is NOT an assisted death but an act of euthanasia or a form of manslaughter,” highlighting the importance of respecting an individual’s right to change their mind. She referenced evidence from the law’s own report, noting that in Western Australia, approximately 28% of individuals approved for assisted death ultimately chose not to proceed.
Deputy Ward contended that the waiver of capacity and consent contradicts legal precedents stating that assisted dying is not a medical treatment patients are entitled to. In her conclusion, she stated, “The numerous questions raised in this amendment demonstrate the unsatisfactory nature of including a waiver in the draft law and highlight that this should be removed.”
She emphasized the need for compassionate care for those seeking an assisted death, advocating for treatment that alleviates suffering without intervention when a patient is incapacitated. “They need to be cared for compassionately, and with kindness, through a palliative approach,” Deputy Ward said.
The draft assisted dying law is scheduled for debate in the States Assembly next week. However, it may be postponed until late February as the Scrutiny panel has requested additional time to review the proposed legislation.
