Assisted Dying for Terminally Ill Adults (Scotland) Bill

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Terminally Ill Adults (End of Life) Bill
Act of the Scottish Parliament
Coat of Arms of the United Kingdom in Scotland (Variant 1).svg
Long title A Bill of the Scottish Parliament to provide for the lawful provision to terminally ill adults of assistance to voluntarily end their own lives; and for connected purposes.
Introduced by Liam McArthur MSP
Status: Pending
History of passage through the Parliament

The Terminally Ill Adults (End of Life) Bill is a private members' bill (PMB) which proposes to legalise assisted suicide for terminally ill adults in Scotland. The bill was introduced by Liberal Democrat backbench MSP Liam McArthur in March 2024 after he was chosen first by ballot for PMBs. The political parties in Parliament gave MSPs a free vote on the bill.

Contents

Background and campaign

Assisted dying in Scots law might constitute murder, culpable homicide or no offence depending on the nature of the assistance. In 1980, the Scottish branch of the British Voluntary Euthanasia Society (now called Exit) broke off from its original society in order to publish How to Die with Dignity, [1] which became the first publication of its kind in the world. [2]

In a 2012 consultation on the Member's Bill proposed by MSP Margo MacDonald, 64% of the members of the public who choose to give comment on the issue rejected the proposals. A similar consultation by the Health and Sport Committee in 2014 came to a different conclusion, with 78% of responses by individuals being supportive of the proposals. [3] Nevertheless, in 2015 a majority of MSPs including the first minister Alex Salmond voted against the bill in the Scottish Parliament, defeating it in its first stage. [4]

In February 2019 a group of MSPs, including previous opponent Kezia Dugdale, formed to attempt to reform assisted dying law in the Scottish Parliament. [5]

Dame Esther Rantzen is a high-profile campaigner in support of the Westminster bill. Esther Rantzen - Queen Elizabeth II Platinum Jubilee 2022 - Platinum Pageant (52123378342).jpg
Dame Esther Rantzen is a high-profile campaigner in support of the Westminster bill.

On 19 December 2023, journalist and television presenter Dame Esther Rantzen, who has terminal lung cancer, said she joined the assisted suicide clinic Dignitas in Switzerland where it is legal and permits foreigners to use the service. [6] [7] This led to the leaders of the main political parties represented in the Westminster Parliament to say they would facilitate parliamentary time for a bill. [6]

On 29 February 2024, the House of Commons Health and Social Care Select Committee published a report on assisted dying with chair Steve Brine (Conservative) saying that: "The inquiry on assisted dying and assisted suicide raised the most complex issues that we as a committee have faced, with strong feelings and opinions in the evidence we heard." [8]

Liberal Democrat MSP Liam McArthur introduced the bill. Official Portrait of Liam McArthur MSP.jpg
Liberal Democrat MSP Liam McArthur introduced the bill.

Summary of the Bill

The bill (prior to committee) proposes to legalise assisted suicide for terminally ill adults aged 16 or older given that they meet these requirements: [9]

Parliamentary passage

A cross-party working group which supported the legislation, included former Scottish Conservative leader Jackson Carlaw, as well as Scottish Greens co-leaders Patrick Harvie and Lorna Slater. [13]

Stage one

The bill received its stage one debate on 13 May 2025. [14] It was approved at stage one by a majority of 70 votes to 56. [15]

Debate

The Swinney government took a neutral stance on the bill, [9] so Scottish National Party MSPs had a free vote. [16] John Swinney said he would vote against the bill. [16] Former SNP Depute Leader and Leader of the SNP in the House of Commons, Angus Robertson voted in favour of the bill. [17] Cabinet Secretary for Finance and Local Government and former Deputy First Minister of Scotland, Shona Robison voted for the bill. [17] Former First Ministers Nicola Sturgeon and Humza Yousaf indicated they would vote against the bill. [18] [19] Deputy first minister of Scotland Kate Forbes said that she would vote against the bill. [20] Shirley-Anne Somerville, the Cabinet Secretary for Social Justice declared her support for the bill in May 2025. [21]

Anas Sarwar, leader of Scottish Labour declared that he would not support the bill. [22] Labour MSPs were given a free vote on the bill. [23] Labour MSP Pam Duncan-Glancy, the first permanent wheelchair user to be elected to Holyrood, was a major opponent of the bill. [9]

Alex Cole-Hamilton, leader of the Scottish Liberal Democrats, supported the bill. [11]

Lorna Slater and Patrick Harvie, co-leaders of the Scottish Greens, supported the bill. [24]

Russell Findlay, leader of the Scottish Conservatives, has also said he will cast his vote in favour. [25] Douglas Ross, former leader of the Conservatives, revealed he would vote against the bill. [26]

Ash Regan, the sole Alba MSP, said she would vote against the bill. [27]

Public opinion

In March 2024, a nationwide poll of over 10,000 people from across England, Scotland and Wales was commissioned by Dignity in Dying (a pro-assisted suicide group), found that 75 per cent of respondents supported legalising assisted suicide versus 14 per cent who opposed. Muslims were the only demographic in which the majority opposed. [28] Another poll by Ipsos found that 66 per cent of people supported allowing a doctor to assist a terminally ill patient to end their life, with 16 per cent opposing. The polls were condemned by opponents of assisted suicide, who said they do not reflect people’s considered opinions when they are given more detailed information. [6] Doctors in the UK are evenly split on assisted dying, based on their experiences working within the health system. [29] Similarly, according to the Royal College of Psychiatrists, psychiatrists are evenly split, with opposition to the proposed Westminster bill based on the belief that it would not provide sufficient safeguards. [30]

See also

References

  1. Mair, G.B.; Scottish Exit (Edinburgh, Scotland) (1980). How to Die with Dignity. Scottish Exit. Archived from the original on 24 June 2016. Retrieved 8 April 2015.
  2. McDougall, Jennifer Fecio; Martha Gorman (2008). Contemporary World Issues: Euthanasia. Santa Barbara, California: ABC-CLIO. pp. 70–73.
  3. "Assisted Suicide (Scotland) Bill" (PDF). Archived (PDF) from the original on 15 September 2018. Retrieved 14 September 2018.
  4. "MSPs reject Assisted Suicide Scotland Bill". BBC News. 27 May 2015. Archived from the original on 29 October 2018. Retrieved 14 September 2018.
  5. "MSPs seek to change law on assisted dying". The Times. Archived from the original on 25 February 2019. Retrieved 25 February 2019.
  6. 1 2 3 Sherwood, Harriet (16 October 2024). "What is the background to the MPs' vote on assisted dying?". The Guardian . ISSN   0261-3077 . Retrieved 20 November 2024.
  7. Howard, Jacqueline (19 December 2023). "Esther Rantzen says she's joined assisted dying clinic" . Retrieved 21 November 2024.
  8. "MPs publish report on Assisted Dying/Assisted Suicide". UK Parliament . 29 February 2024. Archived from the original on 22 November 2024. Retrieved 20 November 2024.
  9. 1 2 3 "How could assisted dying laws change across the UK?". BBC News. 8 February 2019. Archived from the original on 13 May 2025. Retrieved 13 May 2025.
  10. 1 2 McCall, Chris (13 May 2025). "What is Assisted Dying and how would a new law work in Scotland?". Daily Record. Archived from the original on 13 May 2025. Retrieved 13 May 2025.
  11. 1 2 Cochrane, Angus (12 May 2025). "MSPs to vote on assisted dying in Scotland". BBC News . Archived from the original on 13 May 2025. Retrieved 13 May 2025.
  12. 1 2 Learmonth, Andrew (12 May 2025). "MSPs to vote on assisted dying Bill in Holyrood". The Herald. Archived from the original on 13 May 2025. Retrieved 13 May 2025.
  13. Thomson, Jack (5 July 2021). "In context: Assisted dying bill". [[Holyrood (magazine)|]]. Archived from the original on 22 September 2021. Retrieved 14 June 2024.
  14. "Bill on assisted dying faces key vote at Scottish Parliament". BBC News. 13 May 2025. Archived from the original on 13 May 2025. Retrieved 13 May 2025.
  15. VanReenen, Danyel (13 May 2025). "Assisted Dying Bill passed in first step towards legalisation in Scotland". STV News. Retrieved 21 June 2025.
  16. 1 2 Campbell, Glenn (8 May 2025). "Swinney will not support assisted dying in Scotland". BBC News. Archived from the original on 8 May 2025. Retrieved 8 May 2025.
  17. 1 2 "How your MSP voted on the assisted dying bill". BBC News. 13 May 2025. Retrieved 14 May 2025.
  18. "Sturgeon to join MSPs voting against assisted dying". BBC News. 12 May 2025. Archived from the original on 13 May 2025. Retrieved 13 May 2025.
  19. "Humza Yousaf will vote against assisted dying bill". BBC News. Archived from the original on 9 May 2025. Retrieved 13 May 2025.
  20. McCall, Chris (12 May 2025). "Kate Forbes to vote against Assisted Dying but campaigners 'confident' of securing victory in landmark vote". Daily Record. Archived from the original on 13 May 2025. Retrieved 13 May 2025.
  21. McCall, Chris (9 May 2025). "SNP split on Assisted Dying as minister declares support despite John Swinney opposition". Daily Record. Archived from the original on 9 May 2025. Retrieved 13 May 2025.
  22. "Anas Sarwar to vote against assisted dying legislation". The National. Archived from the original on 13 May 2025. Retrieved 13 May 2025.
  23. Elliards, Xander (15 March 2024). "Scottish Labour MSPs to have free vote on assisted dying legislation". The National. Archived from the original on 3 November 2024. Retrieved 13 May 2025.
  24. Stewart, Catriona (7 May 2024). "Lorna Slater and Patrick Harvie back Scotland's assisted dying Bill". The Herald. Archived from the original on 18 May 2024. Retrieved 13 May 2025.
  25. Brown, Hannah (13 May 2025). "Assisted dying Scotland: What you need to know ahead of the vote". The Herald. Archived from the original on 13 May 2025. Retrieved 13 May 2025.
  26. Nutt, Kathleen (29 April 2024). "Ross joins Yousaf and Sarwar to oppose assisted dying bill". Archived from the original on 31 March 2024. Retrieved 13 May 2025.
  27. Davidson, Gina (13 May 2025). "MSPs will feel the weight of history as they vote on assisted dying". LBC. Archived from the original on 13 May 2025. Retrieved 13 May 2025.
  28. Brand, Paul (11 March 2024). "Overwhelming majority support assisted dying, largest ever poll says". ITV News . Retrieved 20 November 2024.
  29. Lowden, Brand (20 November 2023). "Doctors split on assisted dying – Doctors.net.uk survey". Doctors.net.uk. Archived from the original on 13 January 2025. Retrieved 9 February 2025.
  30. "RCPsych comments on vote for assisted dying Bill in England and Wales". RCPsych . 29 November 2024. Archived from the original on 10 February 2025. Retrieved 9 February 2025.