Isle of Man assisted dying law progress halted

Changes will have to be made to the Isle of Man's Assisted Dying Bill before it can be given Royal Assent, the UK government has said.

In a letter to the Manx government, David Lammy - in his capacity as Lord Chancellor - said key legal protections, while acknowledged, were not written directly into the Assisted Dying Bill 2023.

The Isle of Man became the first place in the British Isles to pass laws on assisted dying in March last year, but they can not come into force until after Royal Assent is granted.

If approved the laws would grant terminally ill adults on the island the right to end their own lives - however several safeguards will now have to be added to the proposed legislation.

The Ministry of Justice (MoJ) had previously consulted with officials on the island, to get clarity on issues such as independent monitoring, protection against coercion, and ensuring individuals had the capacity to make informed decisions.

The latest letter from Lammy said while the Manx government had given assurances over the concerns raised, these commitments were not included in the bill itself.

As a result, it did not currently meet requirements under the European Convention on Human Rights, government was told.

The MoJ stressed that while it was unable to recommend the bill for Royal Assent "at this time", it should "not be interpreted as disallowing Royal Assent".

It "reflects solely the need to ensure that the legislation once enacted contains the necessary protections required", it said.

Ramsey MHK Alex Allinson, who brought the private member's bill forward, said while he was "obviously disappointed", work was already underway by the Attorney General's Chamber to "draft amendments which will address these technical issues".

He said the bill was passed by the island's "independent parliament" after "over two decades of campaigning by many members of our community".

The proposed law change would provide "compassion, choice, and dignity for those with a terminal illness facing an inevitable death", he said.

He added he would be working with Tynwald members over the coming weeks to bring forward "a series of amendments to the bill which will strengthen the existing safeguards".

Reacting to the situation on X, Ramsey MHK Lawrie Hooper said it was a "highly unusual step that raises serious constitutional concerns".

"Whatever your views on the Bill it's really concerning to see the UK government get so involved in domestic Isle of Man legislation," he said.

"We are not a colony of the UK."

Some have welcomed the MoJ's response, with the Isle of Man Medical Society saying it was "grateful for the intervention, which reflects the gravity of the concerns the medical community has consistently raised".

The group said it had "maintained that this bill represented a fundamental shift in the doctor-patient relationship and the UK's assessment that essential assurances regarding safety and oversight do not form part of the bill reinforces our professional stance."

Graham McAll, of Manx Duty of Care, a group of medics who campaigned against the bill, said the response "shows the vulnerable are not adequately protected from coercion in our bill".

He said as it was "such complicated legislation" and the Isle of Man should "let the UK sort it out first".

However, groups in favour of the law change have expressed their disappointment with the development.

Humanists UK questioned how a challenge to the bill on European Convention on Human Rights grounds "could be possible, seeing as nine European countries allow legal assisted dying in some form".

"Nearly all of them having a more permissive system than the Isle of Man's proposed law," it added.

Dignity in Dying said the Isle of Man had taken "a historic step that must be upheld and respected".

However, it said the group remained "confident these issues can be resolved swiftly" and the "clear will of the Manx parliament and public" could be upheld.

The Isle of Man government has declined to comment.

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