Assisted dying vote defined – how the regulation would change and can MPs again it

MPs will today take part in a historic vote that could pave the way for assisted dying to be made legal in England and Wales.

Labour MP Kim Leadbeater’s Bill proposing to change the law marks the first time the issue has been debated in the Commons in almost a decade. In 2015 a vote saw 330 MPs oppose changing the law and 118 MPs voted in favour.

MPs have been given a free vote, as assisted dying is treated as a matter of conscience. It means their party will not tell them which way to vote. The debate will kick off at 09:30am and is expected to go for five hours, before a vote is due to take place.

Kim Leadbeater, the Labour backbencher pushing for the change in law, said on Thursday she hoped the Commons stands ready to “correct injustice and reduce human suffering”. It is still unclear whether the Bill will pass its first vote. Tensions in Keir Starmer’s Cabinet have proven how complex and sensitive it is as a debate, with senior ministers having been split over the issue.

Here’s everything you need to know about what the law is now, how it could change and what the arguments are on both sides.

What is the law now?

Assisted dying is banned in England, Wales and Northern Ireland, with a maximum prison sentence of 14 years. Suicide or attempted suicide are not criminal offences but the 1961 Suicide Act makes it illegal to encourage or assist someone to take their own life. In Scotland, it is not a specific criminal offence but assisting the death of someone can leave a person open to being charged with murder or other offences.

Between 1 April 2009 and 31 March 2024, 187 cases were referred to the Crown Prosecution Service by the police in England and Wales Of these, 127 were not pursued by the CPS and 36 cases were withdrawn by the police.

There are currently six ongoing cases, while four cases have been successfully prosecuted. One case was acquitted after trial in May 2015 and eight cases were referred onwards for prosecution for homicide or other serious crime.

How could it change?

The proposed bill by Labour MP Kim Leadbeater would allow mentally competent terminally ill adults with six months or less to live to end their lives. To be eligible, the person must be resident in England and Wales and registered with a GP for at least 12 months.

They must make two separate declarations – signed and witnessed – that they want to die. The person must, at every stage of the process, express a “clear, settled and informed” wish, free from coercion or pressure.

Two independent doctors must be satisfied that they are eligible, and should consult a specialist if necessary. A High Court must approve the request and there would be a 14-day waiting period. They can change their mind at any time.

The dying person must take the medication themselves, which would be prepared by a doctor. The bill makes it illegal to coerce someone into ending their life, punishable by up to 14 years in prison.

What do campaigners say?

Those supporting the bill say the existing law is cruel and leaves people to suffer painful and undignified deaths. Several former top prosecutors have argued that the law is not fit for purpose – and leaves them with impossible decisions around prosecuting bereaved family members.

What do critics say?

Opposition campaigners have raised fears that vulnerable people could be coerced or pressured into ending their lives. Some argue it could be a slippery slope, and the legislation could be expanded over time – although Parliament would have to vote on any changes as with any legislation. Another concern is whether it will divert focus from the stretched palliative care system.

What’s happening in Parliament?

The bill will be debated in the Commons on Friday in what’s known as second reading. MPs must vote in favour of the plan for it to progress to its next Commons stage. But it is not guaranteed a vote as it is a private member’s bill, rather than a bit of Government legislation.

If the debate is still ongoing at 2.30pm then it is adjourned and falls to the bottom of the list, which means it is unlikely to make any further progress. But if MPs back it then it will go through a number of Commons stages, before moving to the House of Lords for further scrutiny.

If the legislation does end up being passed, Ms Leadbeater has suggested a new law would not take effect for another two to three years, with “even more consultation to make sure we get it right”.

Will it pass?

It isn’t clear at this stage whether the bill has enough support. Ms Leadbeater has said it will be “very close” but more than 200 MPs have not said publicly which way they plan to vote.

MPs have been given a free vote, as assisted dying is treated as a matter of conscience. This means parties cannot order them to vote in a certain way. The last time the issue was voted on in 2015, 330 MPs opposed changing the law and 118 MPs voted in favour.