Assisted Dying (P.95/2021): comments

STATES OF JERSEY

ASSISTED DYING (P.95/2021): COMMENTS

Presented to the States on 18th November 2021 by the Health and Social Security Scrutiny Panel Earliest date for debate: 23rd November 2021

STATES GREFFE

2021  P.95 Com.

COMMENTS

Background

The Health and Social Security Panel has been approached by a number of States Members ahead of the debate on P.95/2021 and asked why they have not undertaken a formal  Scrutiny  Review  of  the  Proposition.  The Panel  felt  it  would  be  useful to outline the work that it has done on the subject of assisted dying and highlight why it has not undertaken a review at this time.

As further background, for reference, a timeline is presented in an Appendix to this report.

Comments

The Panel has had an interest in the subject of assisted dying, since the public petition, and the Government's response, in October 2018. Members have attended briefings and taken the opportunity to publicly question the Minister for Health and Social Security (the Minister') on the subject at various occasions including the States Assembly and the Panel's quarterly public hearings.

It is highlighted that P.95/2021 asks the Assembly to make an in-principle decision, based on the work of the Citizens' Jury.

The Panel understands that one of the key reasons an in-principle decision is being sought, before legislation is brought to the Assembly, is so that conversations can be undertaken with stakeholders, including the UK medical regulatory bodies. The input of  the  regulatory  bodies  is  vital  for  the  detail  of  the  draft  legislation,  and  those stakeholders are not able to have conversations with the Jersey Government until the States Assembly has set out the broad parameters in which detailed discussions can take place. The Panel feels that it would be more suitable for the matter to be scrutinised in depth, with further detail and input from those stakeholders, if draft legislation is brought to the Assembly for debate.

The content of P.95/2021 is based on the recommendations of the Citizen's Jury final report. The Panel believes that, to honour the process and input of the Citizen's Jury, it is appropriate for the Assembly to consider this.

The Panel was satisfied that the process to select and run the Citizens' Jury was an independent one, which relied on involvement from external third parties, namely; the Sortition Foundation (responsible for participant recruitment), Involve (responsible for the design and project set-up of the Citizen's Jury), and the Independent Advisory Panel (responsible  for  process  oversight  and  independent  observation  of  jury  sessions). Detailed information on the Citizens' Jury process is publicly available in the Final Report from the Citizens' Jury and the accompanying report to P.95/2021.

Conclusion

The Panel believes that the decision to approve, or reject, the in-principle proposition to allow assisted dying in Jersey should take place in the States Assembly. The role of the scrutiny panel will not be best utilised at this stage of the policy/legislative process (i.e. the in-principle debate), but in the scrutiny of draft legislation that will follow, if P.95/2021 is adopted.

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Appendix

Timeline

• A public e-petition in 2018, Assisted Dying - allow individuals of capacity their own end of life choices' was signed by 1,861 people.

• In Autumn 2018 Deputy K. Pamplin, Vice-Chair of the Panel, met with Deputy

R. Renouf , the Minister for Health and Social Services (the Minister') and representatives from the End of Life Choices Jersey to discuss the e-petition and how discussions about Assisted Dying could be progressed in Jersey.

• In  response  to OQ.146/2019 (on 4th  June  2019)  the  Minister  provided  the States Assembly with an update on the research into assisted dying undertaken by  the  Government  and  provided  States  Members  the  opportunity  to  ask questions publicly.

• In the States Assembly on 8th October 2019, in response to a question without notice from Deputy Alves (see extract from Hansard, page 91), the Minister confirmed that consideration was being given to the formation of a citizens' panel.

• In  2019,  an  online  public  survey  and a  GP  and  doctors'  survey were undertaken, and a public meeting took place which indicated that some people in the Jersey community would support assisted dying.

• The Minister  committed  in  February  2020  to establish  a  citizens'  jury to consider whether assisted dying should be permitted in Jersey.

• The Panel questioned the Minister on the subject of assisted dying and the establishment of a Citizens' Jury in their Quarterly hearings on 29th October 2020 and 20th May 2021.

• In response to OQ.20/2021 (on 21st January 2021), the Minister provided an update to the States Assembly on the Citizens' Jury.

• In order to get a better understanding of the Citizens' Jury process, the Panel virtually met virtually with the following groups in June 2021:

o The Sortition Foundation (who were responsible for participant recruitment);

o Involve (responsible for the design and project set-up of the Citizen's Jury);

o The  Chair  of  the  Independent  Advisory  Panel  (Panel responsible for process oversight and independent observation of jury sessions);

o Content Oversight Team responsible for speaker selection;

o The Minister for Health and Social Services; and

o Government Officers supporting the work of the Citizens' Jury / Assisted dying work.

• The Citizens' Jury's initial report was published on 22nd June 2021. The Panel was provided with a briefing on 17th June 2021, which included input from the Sortition Foundation and Involve.

• The Citizens' Jury's final report was published on 16th September 2021.

• P.95/2021 was lodged by the Council of Ministers on 13th October 2021.

• The Panel was provided with a briefing on P.95/2021 on 4th November 2021 ahead of the briefing to States members on 10th November 2021.

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