The Scottish Parliament’s health committee has decided not to advise MSPs how to vote on Liam McArthur MSP’s assisted suicide Bill, saying the issue is a “matter of conscience”.
In its assessment of the Assisted Dying for Terminally Ill Adults (Scotland) Bill, the Health, Social Care and Sport Committee did not give any recommendations on the general principles of the Bill, but raised a series of concerns, including over “doctor shopping” and eligibility criteria being “extended over time”.
Under the proposals, those aged 16 or over who have been resident in Scotland for at least twelve months could get help from a medic to kill themselves if they are deemed to be terminally ill. The Stage 1 debate, when MSPs will vote on the Bill for the first time, is scheduled for 13 May.
Coercion
The Committee explained that since the Bill’s definition of terminal illness does not include a specific life expectancy requirement, patients who “may not be approaching death for a considerable period of time” could be eligible for assisted suicide.
Clare Haughey MSP, Convener of the Health, Social Care and Sport Committee, highlighted several areas of the Bill which would need further consideration, including “issues around human rights, coercion, eligibility criteria, provision of assistance, self-administration and conscientious objection for healthcare workers.
“We also recognise that there are particular complexities associated with those aspects of the Bill which extend beyond the limits of the powers currently devolved to the Scottish Parliament.”
‘Too dangerous’
But Better Way spokesman Dr Miro Griffiths emphasised: “Palliative care doctors, psychiatrists, disabled people’s organisations, experts in the care of older people and others have cautioned that a change in the law would inevitably lead to abuses against the most vulnerable.
“No number of safeguards could rule out coercion of patients through subtle pressure applied behind closed doors.”
He stated: “When politicians have debated this issue in the past, they have always concluded that the risks of changing the law make it too dangerous to pursue. We’d urge MSPs to heed experts’ concerns and vote against Liam McArthur’s Bill at stage one.”
Labour MSP Pam Duncan-Glancy agreed, concluding: “This report confirms what disabled people like me have warned all along: that once a line is crossed, it is incredibly difficult to stop that line moving.”
‘Long road ahead’
Last month, academics warned that McArthur should expect a lengthy legal battle over his assisted suicide proposals.
In an opinion piece for Scottish Legal News, constitutional law specialist Dr Michael Foran and medical law experts Dr Mary Neal and Dr Murray Earle argued that as the “primary purpose” of the MSP’s plan relates “to the reserved matter of regulating the health professions”, the entirety of the Bill falls outside Holyrood’s powers.
Consequently, they predicted it faces “a long and contentious road ahead”, not only because of the “hugely controversial issue of assisted dying itself”, but also due to the “divisive constitutional questions of devolved versus reserved powers”.
Last year, Cabinet Secretary for Health and Social Care Neil Gray noted that a Section 30 order, which could be used to amend Holyrood’s authority, takes up to 18 months to obtain and requires the joint approval of the UK Government, Westminster, and Holyrood.
UN Committee slams Canada’s ‘ableist’ euthanasia regime
BBC documentary shows the grim reality of assisted suicide in California and Canada
Health Secretary pledges not to vote for assisted suicide Bill