Draft Assisted Dying (Jersey) Law 202- (P.65/2025): ninth amendment

STATES OF JERSEY

DRAFT ASSISTED DYING (JERSEY) LAW 202- (P.65/2025): NINETH AMENDMENT

Lodged au Greffe on 10th February 2026 by the Assisted Dying Review Panel

Earliest date for debate: 24th February 2026

STATES GREFFE

2025  P.65/2025 Amd.(9)

DRAFT ASSISTED DYING (JERSEY) LAW 202- (P.65/2025): NINETH AMENDMENT

PAGE 178, ARTICLE 74 –

For Article 74(4) substitute –

(4)  The Minister must, as soon as reasonably practicable after receiving a report –

1. consult the Medical Officer of Health about which information should be excluded under sub-paragraph (b);
2. prepare a version of the report (the "public report") that excludes –

1. any information described in Article 41(1)(a) or (c) (allowing identification of people or approved drugs); and
2. any information described in Article 41(1)(b) (about the carrying out of an individual's assisted death) that is of a private nature, such as information about any medical complications during or after the administration of the drugs;

3. present the public report to the States Assembly; and
4. publish the public report –

1. electronically, including on a website maintained by or for the Minister; and
2. in  a  style  and  format  that  is  accessible,  meaning  that  the individual or group for which it is intended is able to read or receive it and understand it (and which may include alternative formats, such as large print or braille).

ASSISTED DYING REVIEW PANEL

REPORT

[Minister presents report to States Assembly each year]

Introduction

The Draft Assisted Dying (Jersey) Law 202- [P.65/2025] establishes a framework with multiple safeguards intended to ensure safe and ethical practice. Within this model, the Assisted Dying Assurance and Delivery Committee ("the Committee") is tasked with monitoring compliance, providing assurance, identifying risks and overseeing performance.

Despite its important role, the draft Law does not explicitly require the States Assembly to formally receive the Committee's findings. The Panel is concerned that this could lead to inconsistent reporting and weaken parliamentary oversight of an area that is ethically sensitive and subject to high public interest. Therefore, the purpose of this amendment is to place a statutory obligation on the Minister for Health and Social Services to present the Committee's annual report to the States Assembly.

The  amendment  has  been  brought  forward  following  the  Panel's  detailed  review  of  the governance, oversight and reporting arrangements proposed in the draft Law. While the creation of the Committee represents an important safeguard, the Panel identified that the draft Law, as currently drafted, requires reporting to the Minister for Health and Social Services and the Jersey Care Commission (Article 74(3)) and that the Minister must publish some or all of the information (Article 74(4)). The Panel understands that some aspects of a report may need to be redacted to ensure anonymity of service users. The draft Law does not, however, provide for regular, formal reporting  to  the  States  Assembly.  This  amendment  is  therefore  intended  to  strengthen accountability and ensure a transparent oversight mechanism.

Rationale for the Amendment

Introducing a requirement for the Minister to present the Committee's annual report to the Assembly will ensure that Members receive consistent updates on the operation of the assisted dying framework, the effectiveness and compliance of its safeguards, any emerging issues identified by the Committee, and any recommendations made to support improvement.

The Panel considers this requirement to be an essential component of effective governance and believes that reporting of this nature should be embedded within the legislation rather than left to administrative practice. The Panel sets out its further rationale as follows:

Improved accountability

Embedding a reporting requirement directly in legislation creates a clear line of accountability from the Minister to the Assembly. Formally tabling the presentation of annual reports to the Assembly enables Members to scrutinise how the assisted dying system is being administered and overseen.

Enhanced transparency

The Panel believes that transparency is a crucial safeguard within assisted dying legislation. The publication and presentation of annual reports to the States Assembly increases the visibility of these reports and will provide Members and the public with clear information about the operation of the system, helping to maintain confidence in how the Law is being implemented.

Support for continuous improvement

Regular insights from the Committee will help the Assembly to understand emerging trends and any challenges requiring policy adjustment. This is particularly important during the early stages of implementation, when evidence and lived experience may indicate where refinement is needed.

Consistency with international best practice

In jurisdictions where assisted dying is legal, annual reporting is a standard feature of the governance framework. The Panel notes that, in particular, New Zealand's legislation mandates that the Minister of Health must present the Registrar's report to the House of Representatives (New Zealand's Parliament). This duty is set out in section 29 of the Act: "Minister must present to House of Representatives copy of report under section 27." [1]Requiring reporting by statute would similarly demonstrate a strong commitment to robust oversight of assisted dying in Jersey.

Conclusion

The Panel considers this amendment to be a proportionate and necessary strengthening of the draft Law's governance arrangements. By requiring the Minister to present the Committee's annual report to the States Assembly, the amendment promotes clear oversight, transparency and accountability regarding how the law is working in practice and highlighting where improvements might be needed. The Panel therefore urges Members to support this amendment.

Financial and staffing implications

The Panel does not anticipate significant additional cost or administrative burden arising from this amendment. The Committee is expected to produce an annual report as part of its core functions. The amendment simply ensures this report is formally presented to the States Assembly.

Children's Rights Impact Assessment

The Panel considers that this proposition (amendment) has no direct or indirect impact on children and that the duty to have due regard to the UN Convention on the Rights of the Child does not arise. Accordingly, a Children's Rights Impact Assessment is not required under the Children (Convention Rights) (Jersey) Law 2022.

[1]1 End of Life Choice Act 2019 (New Zealand)