Last week, the Terminally Ill Adults (End of Life) Bill had its final scheduled debate in the House of Lords. It needed to complete all stages of the parliamentary process before the end of the 2024-2026 parliamentary session to become law. With the current session ending this week, time has run out and it will fall.
The BGS has a position opposed to assisted dying, and therefore, we are pleased that it has not been legalised. As outlined in our evidence, we had significant concerns that the bill did not contain adequate safeguards to protect older people, the group most likely to be impacted by a change in the law. We were also concerned that the complex end of life care needs of older people were not recognised.
Most deaths in England and Wales (70%) are in older people, but the bill contained no specific safeguards that would protect older people from abuse and coercion, including pressures which may make older people feel like a burden. The bill also lacked provisions that recognised the complex needs of older people with multiple conditions, including a comprehensive, holistic assessment of needs.
We were alarmed by the Government’s interpretation of the definition of terminal illness in the bill. Government advice was that a person would be eligible for an assisted death if they had multiple conditions which, if taken individually, would not be considered terminal, but when considered together could result in death within six months. This interpretation broadened the scope of the bill and would have impacted a greater number of people, particularly older people with multiple conditions where death is unpredictable.
The focus of the UK Government must now be on improving palliative and end of life care for everyone. The Government’s Palliative and End of Life Modern Service Framework (MSF) is a pivotal opportunity to improve end of life care for older people. It must prioritise the needs of older people with multiple conditions who account for most deaths each year.
The BGS recognises that public opinion on the issue of assisted dying is changing, and it is therefore likely that the UK Parliament may consider a change in the law again in the future. If this occurs, we urge Parliament to ensure that our concerns are addressed from the outset.
Professor Martin Vernon, Chair of BGS Ethics and Law Special Interest Group, said:
We fully recognise that the assisted dying debate is complex and emotive, with finely balanced arguments both for and against legalisation. However, throughout the parliamentary process, the BGS has proactively pushed for the needs of older people to be fully respected in this bill. It is noteworthy that despite this, older people were ultimately overlooked. If a change in the law is considered again, the definition of terminal illness must be tightened, clear safeguards must be included to protect the interests of older people, and the complexities of their needs fully recognised. We stand ready to work alongside parliamentarians to ensure that any future legislation is as safe and practicable as possible for the majority of people at the natural end of their life.
