Holyrood must vote on assisted suicide without key safeguards

MSPs will vote on legalising assisted suicide without knowing if there will be any conscience protections for medics, it has been revealed.

Speaking to the Scottish Parliament’s health committee, Cabinet Secretary for Health and Social Care Neil Gray said that the conscience provisions must be removed from the Assisted Dying for Terminally Ill Adults (Scotland) Bill because Holyrood does not have power to legislate on the issue.

The minister noted that this would lead to “challenges” for MSPs voting on the Bill, but emphasised that provisions could only be implemented if the UK Government granted a section 104 order after the proposals became law.

Insufficient protections

Liam McArthur’s Bill currently states that medics are not required to “participate directly” in assisted suicides, and they must “not be subject to any detriment” as a result of their conscientious objection.

But a cross-party statement has already noted the “insufficiency of conscience protections in the Bill”, stating that if it were “to become law, doctors who object to assisted death on religious or philosophical grounds would have to refer an interested patient to someone who could help to facilitate their death. This would force medics to act against their consciences.”

They continued: “There is also no absolute opt-out for institutions such as hospices, care homes, and homeless shelters. Conscience rights are vital, and they are not underwritten by the legislation.”

Previously, Gray also highlighted that Holyrood lacks the power to legislate on assisted suicide drugs, but a section 30 order has now allowed MSPs to “consider how matters relating to substances and devices could be dealt with if the Bill is passed”.

Change of heart

Last week, Audrey Nicoll MSP announced her withdrawal of support for McArthur’s Bill.

As a former police officer and convener of Holyrood’s Criminal Justice Committee, the SNP MSP explained that her experience with the “most vulnerable” in society convinced her that changing the law would result in some people being coerced into an assisted suicide.

The Assisted Dying for Terminally Ill Adults (Scotland) Bill, which would allow those deemed to be terminally ill who have been resident in Scotland for at least twelve months to get help from a medic to kill themselves, passed Stage 1 by 70 votes to 56.

Several MSPs said they only voted in favour of the proposals to allow time for debate, and with Nicoll’s withdrawal of support, only six more need to follow suit for the Bill to fall at the next vote.