UK Government 'unable to recommend Assisted Dying Bill for Royal Assent' at this time

Ministry of Justice provides update to Isle of Man Government

The UK's Ministry of Justice says it's unable to recommend the Isle of Man's Assisted Dying Bill for Royal Assent at this time.

The Isle of Man Government has received a letter from Britain's deputy prime minister following scrutiny of the legislation.

The Ministry of Justice had sought clarity on the arrangements for monitoring assisted deaths, safeguards against coercion and ensuring individuals have capacity to make decisions.

It says that while the Manx government provided comprehensive assurances and commitments that would mitigate the legal risk significantly, they do not form part of the bill.

As a result, it's the UK Government's view that these matters must be addressed in order for the bill to comply with the European Convention on Human Rights.

While the Ministry is unable to recommend the bill for Royal Assent at this time, it says this should not be interpreted as disallowing Royal Assent, but that it reflects the need to ensure the legislation contains the necessary protections.

Ramsey MHK Alex Allinson, who moved the bill, will be asked to consider the next steps as required through Tynwald.

In a statement, Dr Allinson said: "I am grateful to the Chief Minister and officers of the Isle of Man Government for their continued assistance in liaising with the UK Ministry of justice over the Island’s Assisted Dying Bill 2023. Our close and respected constitutional relationship is important for both our nations.

"This landmark piece of legislation was passed by Tynwald over a year ago, and the island has been waiting for Royal Assent to begin the process of implementation. Throughout the extensive parliamentary debates, the protection of personal autonomy, those who are vulnerable and those who may be subjected to any form of coercion were key priorities for parliamentarians and led to agreement on a series of amendments to strengthen the Bill.

"There has been extensive correspondence over the last twelve months with the Ministry of Justice and written assurances in relation to the necessary secondary legislation and regulations required by the Bill. The issues raised have been in relation to the improved safeguards against cohesion, independent monitoring of the assisted dying process and the assessment of individual mental capacity.

"Whilst these issues are clearly addressed in the Bill, it is the UK Government’s view that they should be set out directly in primary legislation to ensure that this fully complies with all aspects of the European Convention on Human Rights and is not liable to legal challenge.

"Whilst I am obviously disappointed that the Lord Chancellor has decided not to recommend the Bill for Royal Assent at this time, I am grateful for the work that has already been started by the Attorney General’s Chamber to draft amendments which will address these technical issues.

"The Assisted Dying Bill was passed by our independent parliament following over two decades of campaigning by many members of our community. It provides for compassion, choice and dignity for those with a terminal illness facing an inevitable death.

"I will be working with all Tynwald Members over the coming weeks to bring forward a series of amendments to the Bill which will strengthen the existing safeguards and ensure that the legislation we have passed best suits the needs of our Island and allows for genuine choice and autonomy for our people."