Assisted Dying Bill [HL]

Page 1, line 10, leave out “one year” and insert “two years immediately preceding
the declaration”

Page 1, line 10, at end insert—

“( )   has the capacity to make the decision to end his or her own life”

Page 1, line 13, after “an” insert “incurable and”

Page 1, line 16, after “a” insert “direct”

Page 1, line 16, leave out “reasonably”

Page 1, line 18, after “symptoms” insert “and does not delay the progression”

Page 1, line 19, after “can” insert “halt or”

Page 1, line 17, leave out “months” and insert “weeks”

Page 2, line 13, leave out “independent” and insert “second”

Page 2, line 17, leave out “(but not the independent doctor)”

Page 2, line 21, leave out “independent” and insert “second”

Page 2, line 24, after “ill” insert “as defined in section 2”

Page 2, line 30, leave out “independent” and insert “second”

Page 2, line 34, leave out “independent” and insert “second”

Page 2, line 37, leave out subsection (7)

Insert the following new Clause—

“Capacity to make the decision

(1)     Assistance with suicide under this Act shall not be provided to a person
unless and until it has been established that he or she has the capacity to
make the decision to end his or her own life.

(2)     Unless the attending doctor is satisfied that a person requesting assistance
to end his or her own life has the capacity to make such a decision and is
not suffering from any condition, including but not limited to depression,
which might be impairing his or her judgement, the attending doctor shall
refer the person making the request to a psychiatrist for a specialist
assessment of that person’s capacity.

(3)     Where a person making the request is referred for specialist capacity
assessment, the assessment shall be carried out by a psychiatrist who
shall—

(a)   be on the specialist register as a clinical psychiatrist;

(b)   be unconnected either personally or professionally with either the
attending or the second doctor;

(c)   be unconnected, whether professionally, personally or socially,
with the person making the request for assistance to end his or her
own life.

(4)     If both the attending doctor and the psychiatrist are satisfied that the
person making the request has the capacity to make the decision to end his
or her own life and is not suffering from any condition which might impair
that person’s judgement, the attending doctor shall forward the request to
the second doctor.

(5)     Unless the psychiatrist or the second doctor is satisfied that the person
making the request has the capacity to make the decision, the request shall
not proceed further and the person shall be informed.

(6)     Both the attending doctor and the second doctor shall have had
appropriate training in identifying issues of capacity.”

Page 2, line 42, at beginning insert “Only”

Page 2, line 46, leave out from “doctor” to end of line 4 on page 3

Page 3, line 4, leave out “assisting health professional” and insert “attending
doctor”

Page 3, line 5, leave out “assisting health professional” and insert “attending
doctor”

Page 3, line 8, at end insert—

“( )   if the person retains the capacity to make the decision to end his or
her own life.”

Page 3, line 9, leave out subsection (3)

Page 3, line 21, leave out “assisting health professional” and insert “attending
doctor”

Page 3, line 23, leave out “assisting health professional” and insert “attending
doctor”

Page 3, line 27, leave out “assisting health professional” and insert “attending
doctor”

Page 3, line 35, leave out “assisting health professional” and insert “attending
doctor”

Page 4, line 1, leave out subsection (10)

Page 4, line 19, at end insert—

“( )     Nothing in subsection (1) shall be taken to limit the powers of a coroner to
investigate a death where there are reasonable grounds to suspect that the
death has occurred in contravention of the provisions of this Act.”

Page 4, line 42, after “assisted death” insert “arising from the self-administration of
medicines supplied under the Assisted Dying Act 2014”

Page 6, line 13, at end insert—

“( )   gives or promises to give any benefit in connection with a request
for assistance with suicide and with the intention of influencing the
outcome of that request;

( )   accepts any benefit or promise of benefit in return for giving or
arranging a desired outcome to a request for assistance with
suicide; or

( )   does not notify the attending doctor if he or she has reason to
believe that a person who has made a declaration seeking assistance
with suicide under this Act wishes to revoke the said declaration
and is unable to do so or is being prevented, from whatever cause,
from doing so.”

Insert the following new Clause—

“Duty to disclose information

(1)     Subsection (2) applies to any person who, based upon information
obtained in connection with the performance of any function under this
Act, has reasonable grounds to suspect that another person—

(a)   has committed an offence under section 10; or

(b)   is guilty of any wrongdoing in connection with this Act.

(2)     A person must, as soon as is reasonably practicable, disclose that suspicion
and the information upon which it is based to the appropriate authority.

(3)     In this section “appropriate authority” means—

(a)   the police;

(b)   a senior coroner; or

(c)   the regulatory body for any profession to which section 60(2) of the
Health Act 1999 (regulation of health professions, social workers,
other care workers etc.) applies.”

Page 8, line 7, leave out “months” and insert “weeks”

Page 9, line 3, leave out from “and” to end of line 4 and insert “is expected by me
to die as a result of that terminal illness within six weeks of the date of his or her
making this declaration;”

Page 9, line 12, leave out “independent” and insert “second”

Page 9, line 15, leave out from “and” to end of line 16 and insert “is expected by me
to die as a result of that terminal illness within six weeks of the date of his or her
making this declaration;”