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V1033 – Assisted Dying Bill 2016 watch

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  • View Poll Results: Should this bill be passed into law?
    As many are of the opinion, Aye
    77.08%
    On the contrary, No
    16.67%
    Abstain
    6.25%

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    V1033 – Assisted Dying Bill 2016, TSR Government
    A

    B I L L

    TO


    Allow adults who have a terminal illness to be assisted in ending their own life under medical supervision


    BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:—

    1. Definitions
      1. “Terminal illness” is an illness which has been diagnosed by a medical practitioner which cannot be reversed by medical intervention and means that there is a reasonable belief that the patient will die within six months. Treatment which temporarily relieves symptoms is not reversible medical intervention.
      2. “Capacity” shall be defined in accordance with the Mental Capacity Act 2005.
      3. “Attending Doctor” shall mean an appropriately qualified medical practitioner who was the first doctor to have had a request from the patient for assistance in ending their own life.
      4. “Independent Doctor” shall mean another appropriately qualified medical practitioner who is not the “attending doctor” and who is not a relative, partner or colleague of the “attending doctor”.
      5. “Assisting Health Professional” shall mean a doctor who is either the “attending doctor”, “independent doctor” or trained specialist.
      6. “Relative” shall mean the spouse, civil partner,lineal ancestor, lineal descendant, sibling, aunt, uncle or cousin of the person.
    2. Assisted Dying
      1. After permission from the Magistrate Court (Family Division), an adult who has a terminal illness may lawfully have assistance in ending their own life while under medical supervision.
      2. A Magistrate Court application for assisted dying should be accepted if it is clear that the applicant:-
        1. Clearly and knowingly wishes to end their own life;
        2. Has a fully valid declaration form;
        3. Is 18 years of age or over on the day of declaration;
        4. Has the mental capacity to make the decision;
        5. Has been a resident of the United Kingdom of Great Britain and Northern Ireland for at least one year.
    3. Declaration
      1. An application as described in Section 2(1) can only be made to the Magistrate Court (Family Division) if:-
        1. The applicant has a signed and valid declaration form in which they make clear that they have a clear desire to have assistance in the ending of their life;
        2. The declaration form was signed by the applicant in the presence of a witness who is not a relative of the applicant or attending doctor and who is not involved in the medical treatment or care of the applicant;
        3. The declaration form was countersigned by both the attending doctor and an independent doctor who are not related to each other, the witness or the applicant.
      2. Any declaration which meets the standard of this section shall be valid and will take effect on the date that the Magistrates Court’s ruling if it is successful
      3. .This declaration may be removed at any time by the applicant and revocation is not required to be in writing. If a Magistrate Court ruling has already been made this becomes immediately void.
    4. Countersigning Doctors
      1. Before signing the declaration form both the attending doctor and the independent doctor must have examined the patient and their medical records and come to the conclusion that the patient is:-
        1. Terminally ill;
        2. Capable to make the decision;
        3. Clear in their intention to have assistance in ending their own life and has not been intimidated or forced to make the decision by a third party;
        4. Aware of and fully understands the alternate options available to them such as hospices and other palliative care methods.
      2. The attending doctor and independent doctor must make these evaluations individually and must not discuss their conclusions with each other.
      3. Any attending doctor or independent doctor who is in doubt of whether the terms set out in Section 4(1) are being met must:
        1. Refer the applicant to a responsible specialist in the field of their illness.
        2. Refer the patient to an appropriate psychiatrist who are qualified to assess both the mental and physical aspects of psychological issues.
    5. Conscientious Objectors
      1. Medical professionals shall be under no legal requirement to carry out any of the processes set out within this Act but must notify their manager if they reject to carry out the patient’s wishes so that they can be replaced by another medical professional which will henceforth become the attending doctor.
    6. Process of Assistance in Dying
      1. Assistance in dying is provided by either the attending doctor, independent doctor or trained specialist (in this order depending on if any of the doctors are conscientious objectors).
      2. The trained specialist must have had specific prior written authorisation from the attending doctor before beginning this process.
      3. Assistance in dying shall be done using prescribed medicine which will enable the person to end their own life painlessly.
      4. Any medicine which is prescribed as described in Section 6(3) must only be delivered to the person they were prescribed: -
        1. By the assisting attending medical professional;
        2. After it is has been confirmed that the patient has not revoked their declaration and after it is clear that they do not wish to revoke their declaration;
        3. After a period of more than 14 days after the declaration comes into effect.
      5. The assisting medical professional as described in Section 6(4)(a) must only be:-
        1. The attending doctor;
        2. The independent doctor if the attending doctor is a conscientious objector as described in Section 5(1);
        3. Another trained specialist who must have received written authorisation from the attending doctor as described in Section 6(2).
      6. The assisting medical professional may:-
        1. Provide the medicine to the patient for self administration;
        2. Provide and prepare a device which will administer the medicine;
        3. Assist the patient in administering the medicine if it is explicitly asked for by the patient.
      7. The assisting professional must remain in the same room as the patient during any of the practices described in Section 6(6) until:-
        1. The patient dies and the time of death has been recorded;
        2. The patient chooses not to use the medicine.
      8. Medicine must be removed from the room immediately if decision is taken by patient that they will not be administered.
      9. The Secretary of State may regulate which medicines are prescribed under this Act and which methods are used to administer these medicines after they have had appropriate guidance from the NHS.
      10. The regulations under this section do not allow assisting health professionals to deliver any prescribed medicine to anybody other than the patient who the medicine is intended for.
    7. Inquests and Death Certificates
      1. A person is not to be considered as having died in circumstances which section 1(2)(a) or (b) of the Coroners and Justice Act 2009 would apply since the person died as a result of the provisions of this Act.
      2. In the Births and Deaths Registration Act 1953, after Section 39(A), insert:-
        1. “The Secretary of State may produce regulations supplying provisions of this Act in relation to how deaths which are a result of provisions made in this act are registered which may include but not be limited to:-
          1. The information which is provided in relation to deaths of this manner;
          2. The process in which deaths of these kind should be recorded;
          3. How death certificates are formatted to reflect the outcome of a death which arises as a result of this Act.
        2. Ensuring that the Registrar General prepares an annual report which states how many deaths have been as a result of the provisions of this act.
        3. The power of the Secretary of State to produce regulations under this section is exercisable by statutory instrument.
        4. A statutory instrument containing regulations made under this section by the Secretary of State is subject to annulment in the event of a resolution of either House of Parliament.”
    8. Monitoring
      1. The report which is described in Section 9(1)(a) must be published by the relevant national authority and put before each House of Parliament by the Secretary of State.
      2. This report should be reviewed annually by each House of Parliament with any recommendations being put forward in the event that an advance in technology or other event occurs which relates to the provisions of this Act.
    9. Criminal Offences
      1. A person commits a criminal offence if:-
        1. They knowingly falsify a declaration;
        2. They knowingly conceal a valid declaration;
        3. They purposefully provide prescribed medicine as described in Section 6(3) to anyone other than those with a completed declaration.
        4. A person provides knowingly or recklessly provides a medical opinion which is false or misleading which is used in a form of declaration or by the Magistrate Court (Family Division).
    10. Extent, Commencement and Short Title
      1. The provisions of this Act come into force on the date on which it is passed.
      2. This Act extends to the United Kingdom of Great Britain and Northern Ireland.
      3. This Act may be cited as the Assisted Dying Act 2016.

    NotesActs changed under this Bill are Suicide Act 1961, Coroners and Justice Act 2009 and Births and Deaths Registration Act 1953. The reason for changing the Suicide Act 1961 and Coroners and Justice Act 2009 is due to CPS legal guidance for Homicide: Murder and Manslaughter which would currently prosecute killings of this kind.

    This bill ensures that those who feel that they want to have assistance in dying may do so in a safe, controlled environment in this country rather than having to leave the country in order to do so.

    The Government now believes that this change is vital since over 650 British citizens are members of Dignitas which leads to people who want to use these services having to die in foreign countries and meanwhile leaves their families uncertain of whether they could be prosecuted when they return to the UK. This can all be avoided by offering the same service in this country under strict safeguarding and with robust regulations.

    Example of Declaration Form

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    I pressed the wrong thing again.

    Saracen's Fez - please can you change my abstain to an aye?
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    (Original post by Quamquam123)
    I pressed the wrong thing again.

    Saracen's Fez - please can you change my abstain to an aye?
    One Abstention has been changed to an Aye.
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    Just to be clear, TheDefiniteArticle's changes have been made. Formatting this was a nightmare and in that nightmare we forgot to add the changes bit at the bottom it would seem.
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    (Original post by PetrosAC)
    Just to be clear, TheDefiniteArticle's changes have been made. Formatting this was a nightmare and in that nightmare we forgot to add the changes bit at the bottom it would seem.
    I was working on some legislation earlier today and realised once again how infuriating the TSR text editor is when it doesn't do what you want it to.
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    Nay.

    I kept quiet on the bill out of respect to the party and considered simply not voting however i decided as somebody that feels this bill has considerable moral ramifications that i must bear personal responsibility as an MP within the game.

    I find this bill to be utterly abhorrent and morally repugnant. The best of intentions cannot get around the simple fact that a vote for this bill is a vote for a state which condones the death of its citizens, a failure of the state's most important duty.

    This will be my only post on this matter.
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    What would the punishments for Section 9 offences be?
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    (Original post by RayApparently)
    What would the punishments for Section 9 offences be?
    Death
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    (Original post by mobbsy91)
    Death
    Would they first need to provide a declaration form?
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    (Original post by RayApparently)
    Would they first need to provide a declaration form?
    Nope, I'll be providing that
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    I made it clear in the debate on the Bill that I oppose this Bill, believing it will be a slippery slope. I have voted Nay.
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    Can you confirm my vote is an aye
    (Original post by Saracen's Fez)
    V1033 – Assisted Dying Bill 2016, TSR Government
    A

    B I L L

    TO


    Allow adults who have a terminal illness to be assisted in ending their own life under medical supervision

    BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:—


    NotesActs changed under this Bill are Suicide Act 1961, Coroners and Justice Act 2009 and Births and Deaths Registration Act 1953. The reason for changing the Suicide Act 1961 and Coroners and Justice Act 2009 is due to CPS legal guidance for Homicide: Murder and Manslaughter which would currently prosecute killings of this kind.

    This bill ensures that those who feel that they want to have assistance in dying may do so in a safe, controlled environment in this country rather than having to leave the country in order to do so.

    The Government now believes that this change is vital since over 650 British citizens are members of Dignitas which leads to people who want to use these services having to die in foreign countries and meanwhile leaves their families uncertain of whether they could be prosecuted when they return to the UK. This can all be avoided by offering the same service in this country under strict safeguarding and with robust regulations.

    Example of Declaration Form

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    (Original post by Pinkberry_y)
    Can you confirm my vote is an aye
    Were you asked to change your vote?
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    (Original post by Quamquam123)
    Were you asked to change your vote?
    If you must know, I did ask Pinkberry_y to change his/her vote but I've learnt he/she already thought he/she had voted aye, so there was in fact no rebellion, only a small mistake.

    As someone who's made the same mistake multiple times, I'm sure you can understand such things happen and they're no reason for being nosey and smug…
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    (Original post by Quamquam123)
    I pressed the wrong thing again.

    Saracen's Fez - please can you change my abstain to an aye?
    (Original post by Life_peer)
    If you must know, I did ask Pinkberry_y to change his/her vote but I've learnt he/she already thought he/she had voted aye, so there was in fact no rebellion, only a small mistake.

    As someone who's made the same mistake multiple times, I'm sure you can understand such things happen and they're no reason for being nosey and smug…
    Evidence in this thread in fact
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    I'm amazed by the popularity of what I would have thought would be a much more contentious bill.
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    One double vote has been removed for seat 4 (right_angle and previously Rakas21) (–1 No).
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    Ayes to the right: 37
    Noes to the left: 8
    Abstentions: 3

    The Ayes have it! The Ayes have it! Unlock!

    Turnout: 96%
 
 
 
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