Assisted dying bill must strike right balance to protect vulnerable groups, MSPs say

Holyrood’s health committee has urged MSPs to consider whether the proposed assisted dying laws strike the right balance between providing choice and protecting vulnerable groups.

It has also said parliamentarians must be cognisant of possible legal challenges which could extend eligibility for assisted dying before they cast their vote.

Publishing its stage one report, the Health, Social Care and Sport Committee has made no recommendation on whether parliament should support Liam McArthur’s Assisted Dying for Terminally Ill Adults (Scotland) Bill.

It said the vote was a matter of conscience for each individual MSP, but has encouraged parliamentarians to consider several factors before deciding how to vote.

Committee convener Clare Haughey said: “Our committee understands the strength of feeling about this bill and that assisted dying is a complex and sensitive issue… Ultimately, our committee believes the stage one vote is a matter of conscience for each individual MSP and as a result has made no overall recommendation as to how they should vote on the general principles of the bill.

“However, should the bill progress to stage two, we have highlighted a number of areas which we feel will require further consideration before the bill can become law. These include issues around human rights, coercion, eligibility criteria, provision of assistance, self-administration and conscientious objection for healthcare workers.”

The committee has also called for an “open and constructive dialogue” between the Scottish and UK Governments due to concerns about certain related powers being reserved to Westminster.

The UK Parliament is currently considering similar legislation of its own, brought forward by Labour MP Kim Leadbeater.

The Terminally Ill Adults (End of Life) Bill passed its first parliamentary vote at the end of last year and is currently undergoing line-by-line scrutiny by a dedicated committee of MPs.

Lib Dem MSP McArthur brought his bill forward a year ago. The health committee has been tasked with taking evidence on its general principles and MSPs will be asked to vote on whether it should continue its parliamentary journey next month.

If it receives enough support, the committee will then begin amending the legislation at stage two.

It has recommended such amendments include the creation of an independent oversight mechanism for monitoring safeguards, clarity on capacity to make decisions, preventing “doctor shopping” where an initial request is declined, and clarity on self-administration and assistance.

Members of the committee have also called for further consideration of conscientious objection for healthcare workers, as well as eligibility criteria relating to age and residency.

Guidance on coercion should also be reviewed and updated, the committee said, to ensure health practitioners can assess coercion effectively and to allow the related offence created by the bill to be appropriately policed.

Welcoming the report, McArthur said: “The report touches on the point that fundamentally this bill is about striking the balance between providing a right for terminally ill adults to access assisted dying and the requirement to protect vulnerable groups.

“In my view compassion and safety are the cornerstones of my proposals. In changing the law to allow dying people more choice, while putting in place vital safety measures where none currently exist, we will get that balance right.

"While I am committed to introducing assisted dying in Scotland, I recognise the importance of ensuring any legislation works as intended. Robust parliamentary scrutiny is key to achieving that and I will reflect on the committee’s various recommendations to see what amendments might be needed at stage two should MSPs back the general principles of the bill next month."