The Isle of Man Medical Society has welcomed the decision by the UK Government not to recommend the Isle of Man’s Assisted Dying Bill in its current form for Royal Assent.
The group’s response comes after the UK Ministry of Justice raised concerns about the legislation, which was passed by Tynwald more than a year ago.
Isle of Man Today previously reported how the Bill was being delayed while UK’s Ministry of Justice (MoJ) sought clarity from the Isle of Man Government on a number of aspects contained within the legislation.
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They included details on arrangements for the independent monitoring of assisted deaths, safeguards against coercion, and how an individual’s capacity to make decisions related to assisted dying would be assessed if the Bill became law.
But the MoJ says while the government did provide detailed assurances and commitments to address its concerns, none of them were actually written into the Bill itself.
The MoJ has now confirmed that it will not be recommending the Bill for Royal Assent until it is rewritten as it doesn’t think that the legislation complies fully with the European Convention on Human Rights (ECHR) in its current form.
Responding, the Isle of Man Medical Society said it ‘welcomes the announcement’ and expressed ‘profound gratitude’ for the constitutional scrutiny process.
In a statement, the organisation said: ‘As the representative body for the medical profession on the Island, we wish to express our profound gratitude to His Majesty the King, Lord of Mann, for the constitutional process that ensures all legislation, particularly that which impacts the fundamental right to life, is compatible with international human rights standards and professional medical ethics.’
The society also thanked the Lord Chancellor and Deputy Prime Minister for what it described as ‘rigorous scrutiny’ of the Bill.
It added: ‘We are grateful for this intervention, which reflects the gravity of the concerns the medical community has consistently raised.’
The group said the Ministry of Justice’s focus on safeguards against coercion, independent monitoring, and the assessment of capacity reflected the key issues it had previously highlighted during the legislative process.
It said: ‘The decision to seek further clarity on the Bill’s compliance with the European Convention on Human Rights (ECHR) validates the primary objections detailed in our previous submissions to Tynwald.’
In its statement, the society reiterated its long-standing opposition to the legislation, arguing it would represent a fundamental shift in the doctor–patient relationship.
It said: ‘The role of the physician: a doctor’s duty is to heal and protect. Integrating assisted dying into healthcare risks eroding public trust in the medical profession as a sanctuary for the vulnerable.’
It also raised concerns about the difficulty of assessing life expectancy in terminally ill patients, stating that predicting a six-month prognosis is ‘clinically unreliable as a safeguard’.
The organisation said it remains committed to improving palliative care on the Island, adding that ‘true compassion lies in the enhancement of palliative care services’.
It said it wants to work with Manx Care and the Department of Health and Social Care to ensure the Isle of Man becomes ‘a centre of excellence for end-of-life care’.
In a joint statement, Dr Vineet Varshney, Dr Martin Rankin and Dr Prakash Thiagarajan added: ‘The practice of medicine is rooted in the preservation of life and the protection of the vulnerable.
‘We thank the Lord Chancellor and Deputy Prime Minister for recognising the serious legislative gaps we have long highlighted. This decision protects the clinical independence of the Manx medical community and, most importantly, the safety of our patients.’
The Bill will now return to Tynwald for further consideration, with amendments expected to address the concerns raised by the UK Government.