"After Clause 49

LORD FALCONER OF THOROTON
LORD LOW OF DALSTON

Insert the following new clause-

"Acts not capable of encouraging or assisting suicide.
1) An act by an individual (D) is not to be treated as capable of encouraging or assisting the suicide or attempted suicide of another adult (T) if-
a) the act is done soleley or principally for the purpose of enabling or assisting T to travel to a country or territory in which assisted dying is lawful;
b) prior to the act, two registered medical practitioners, independent of each other, have certified that they are of the opinion in good faith that T is terminally ill and has the capacity to make the declaration under subsection (2); and
c) prior to the act, T has made a declaration under subsection (2)

2) A declaration by T is made under this subsection if the declaration-
a) is made freely in writing and is signed by T (or is otherwise recorded and authenticated if T is incapable of signing it),
b) states that T-
i) has read or been informed of the contents of the certificates under subsection (1) (b), and
ii) has decided to travel to a country or territory falling within subsection (1) (a) for the purpose of obtaining assistance in dying, and
( c ) is witnessed by an independent witness chosen by T
3) "Independent witness" means a person who is not-
a) likely to obtain any benefit from the death of T; or
b) a close relative or friend of T; or
c) involved in caring for T
4) D is not to be treated as having done an act capacble of encouraging or assisting the suicide or attempted suicide of T by virtue of being with T when, in a country or territory falling within subsection (1) (a), T takes steps (including steps taken with the assistance of D) to commit suicide by lawful means"