In the context of the debates in Westminster around the Terminally Ill Adults (End of Life) Bill, a letter published on 9 February giving an update to the members of the Tynwald (the Manx legislature) on the Assisted Dying Bill passed by the Tynwald last year is of no little interest.
As the Minister for Health and Social Care outlines:
The Assisted Dying Bill was submitted to MoJ for policy assurance, as required before a recommendation for Royal Assent can be made. The Royal Assent process is a Crown Prerogative.
Subsequent to the submission of the Assisted Dying Bill for Royal Assent, the Ministry of Justice have sought reassurances on two key fundamentals relating to Human Rights Considerations as follows:
1. Code of Practice and Post-Death Reviews
The MoJ requested confirmation on:
• whether the Code of Practice will mandate a compulsory post-death review in every assisted death case
• how independence of such reviews will be ensured
• how compliance with the Code will be monitored, including reporting, corrective action, and sanctions
• how these measures will address the absence of pre-death reviews, in line with the European Court of Human Rights judgment in Mortier v Belgium
2. Safeguards Against Coercion
The MOJ also sought:
• assurance that the Capacity Act will be strengthened to ensure adequate safeguards [note, as with the Bill in Westminster, capacity is ‘read across’ from the equivalent to the MCA 2005′]
• detail on the measures to be introduced, and the policy development required
• clarity on how protections against coercion will operate alongside the Assisted Dying Bill.
The letter goes on to outline how the Manx authorities intend to give those assurances, but it is of interest to match up the concerns expressed by the Ministry of Justice in Westminster in relation to the Manx legislation with the provisions contained in the Bill before the Parliament here.
