The DHSC has provided assurances to the UK Ministry of Justice regarding key human rights safeguards in the proposed Assisted Dying Bill.
In a letter to Tynwald members, Minister Claire Christian outlined the MoJ’s requests for policy assurance, a required step before a recommendation for Royal Assent.
The MoJ sought specific clarifications on post-death reviews and protections against coercion.
The DHSC, working with the Attorney General’s Chambers, confirmed that a “compulsory post-death review will be mandated in every case”.
It stated independence “may be secured through statutory regulations under the Safeguarding Act 2018,” but later clarified this was one potential mechanism among several.
On preventing coercion, the department outlined an intention to strengthen the Capacity Act, citing “clearer statutory provisions on capacity assessment” and “structured assessments to detect coercion”.
Ms Christian emphasised that “the Act cannot be commenced until adequate safeguards, oversight mechanisms and protections are in place,” which will be delivered through secondary legislation and a Code of Practice developed after Royal Assent.
The MoJ is now finalising its submission to the Lord Chancellor, whose advice will conclude this stage of the Royal Assent process.