The UK Government has said it will not recommend the Isle of Man’s Assisted Dying Bill for Royal Assent.

The Isle of Man Government has confirmed it has been contacted UK Deputy Prime Minister in his capacity as Lord Chancellor and Privy Council adviser on matters relating to the Crown Dependencies, setting out the UK’s position after an assessment of the Bill.

The Assisted Dying Bill 2023, which was passed by Tynwald more than a year ago, has been waiting for Royal Assent before it can be implemented on the island.

In its letter, the UK Ministry of Justice said it had previously sought further clarity from the Isle of Man Government on a number of aspects contained within the legislation.

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.

It added that the Isle of Man Government had provided what it described as comprehensive assurances and commitments intended to address those concerns.

However, it said these assurances, while mitigating legal risk significantly, do not form part of the Bill itself.

As a result, the UK Government believe those assurances need to be written into the Bill in order for it to comply fully with the European Convention on Human Rights (ECHR).

The UK Government’s Ministry of Justice said it will not recommend the Bill for Royal Assent until the Bill is rewritten,

The news means Ramsey MHK Alex Allinson, who introduced the Private Member’s Bill, will now be asked to consider the next steps through Tynwald.

In a statement, Dr Allinson said he was grateful to the Chief Minister and Isle of Man Government officers for their ongoing engagement with the Ministry of Justice.

He said the island’s constitutional relationship with the UK remained ‘important for both our nations’ and noted that the Bill had been passed by Tynwald following extensive debate over more than two decades of campaigning.

Dr Allinson said: ‘This landmark piece of legislation was passed by our independent parliament following over two decades of campaigning by many members of our community. It provides for compassion, choice and dignity for those with a terminal illness facing an inevitable death.

‘There has been extensive correspondence over the last twelve months with the Ministry of Justice and written assurances in relation to the necessary secondary legislation and regulations required by the Bill.

‘Whilst these issues are clearly addressed in the Bill, it is the UK Government’s view that they should be set out directly in primary legislation to ensure full compliance with the European Convention on Human Rights and avoid legal challenge.’

He added that he was disappointed hat the Lord Chancellor had not recommended Royal Assent at this stage but welcomed work already undertaken on potential amendments.

‘I will be working with all Tynwald Members over the coming weeks to bring forward a series of amendments to the Bill which will strengthen the existing safeguards,’ he said.

A spokesperson for the Isle of Man Government says the views of the UK Ministry of Justice on the Bill form part of a ‘normal, precedented process’ in the constitutional relationship between the UK and Crown Dependencies.

They added that similar scenarios, where amendments were required before Royal Assent could be recommended, have happened in the past.

The Bill remains in limbo pending further consideration by members of Tynwald.