Campaigner threatens legal action over Island's Assisted Dying Bill

Dr Graham McAll believes it to be in breach of the European Convention on Human Rights

Would the Island's Assisted Dying laws be in breach of the European Convention on Human Rights if they were enacted?

One campaigner has instructed lawyers to start legal proceedings against the Manx government because he believes the answer is yes.

The Assisted Dying Bill was brought forward as a private member's bill by Ramsey MHK Alex Allinson, and last year, it completed its passage through both the House of Keys and the Legislative Council.

Before any Bills can become laws on the Island though, they must get approval from the UK's Ministry of Justice before eventually getting Royal Assent and being made into a law on the following Tynwald Day.

It's not often the UK government intervenes and blocks any of our legislation, but with the Assisted Dying Bill it did.

The British deputy prime minister, David Lammy, wanted to make sure the Bill complies with the European Convention on Human Rights, especially around the issue of whether there were enough safeguards built into the primary legislation.

You can find out more about that here.

While Dr Allinson argued that those safeguards would be built into the secondary legislation, he did return to Tynwald with a number of amendments on Tuesday (16 June) in the hope of 'strengthening the safeguards of the Bill and putting it on a much firmer footing should it ever be challenged'.

And his political colleagues agreed with him, voting through his amendments with 16 in favour and six against in the House of Keys and five in favour and one against in the Legislative Council.

But David Lammy isn't the only person who has concerns about whether the legislation will comply with the European Convention on Human Rights.

In fact, Dr Graham McAll from the campaign group 'Manx Duty of Care', is so worried about this that he's instructed lawyers to threaten the Department of Health and Social Care with legal action should the Bill be enacted.

He himself is against Assisted Dying, and he's been telling me why he's taking this action:

It comes as no surprise that the Bill has been a huge talking point for our Island, because it's a massive topic.

And Dr Allinson has had to deal with his fair share of opponents to his Bill.

But how concerned is he about this threat of legal action?

We've also approached Isle of Man Government for a response to Dr McAll's letter.

A spokesperson says: "It would be inappropriate to comment on any threat of legal action but the opportunity to do so is greatly appreciated."

So what's next for the Assisted Dying Bill?

Well, it's now going back to the UK Ministry of Justice, and we'll just have to wait and see what they think of the changes that have been made, and decide whether they've gone far enough to comply with the European Convention on Human Rights.