Liam McArthur MSP introduced this Member’s Bill. It will allow terminally ill adults in Scotland, who are eligible, to lawfully request, and be provided with, assistance by health professionals to end their own life.
This is a Member's bill
The Bill was introduced on 27 March 2024 and is at Stage 1
This Bill is at Stage 1 of the process to decide if it should become an Act.
Liam McArthur MSP has introduced this Member’s Bill. It will allow terminally ill adults in Scotland, who are eligible, to lawfully request, and be provided with, assistance by health professionals to end their own life.
To be eligible to be provided with assistance to end their life, a person must:
Two doctors are required to assess a person as being eligible to be provided with assistance to end their own life. Both doctors also need to be satisfied that a person is acting voluntarily, without being coerced or pressured.
If confirmed as eligible, a terminally ill adult can lawfully be provided with an approved substance by a health professional. They can choose to administer this substance to themselves to end their life. Assisting death outside of what is set out in the Bill would remain unlawful.
Liam McArthur MSP believes adults that have an advanced and progressive terminal illness should be able to decide how and when their life should end.
Mr McArthur believes that the law in Scotland should allow access to safe and compassionate assisted dying for those who meet the criteria and want it, alongside other palliative and end of life care options. He does not believe that terminally ill adults should have no alternative to the prospect of a prolonged, painful and traumatic death.
Mr McArthur believes that the lawful provision of assisted dying for terminally ill adults in Scotland will allow people autonomy, dignity and control over the end of their life, and help to make Scotland a more compassionate society.
Assisted Dying for Terminally Ill Adults (Scotland) Bill as introduced (1MB, pdf) posted 27 March 2024
Explanatory Notes (199KB, pdf) posted 27 March 2024
Policy Memorandum (319KB, pdf) posted 27 March 2024
Financial Memorandum (282KB, pdf) posted 27 March 2024
Delegated Powers Memorandum (308KB, pdf) posted 27 March 2024
Statements on legislative competence (109KB, pdf) posted 27 March 2024
Explanatory Notes (284KB, pdf) posted 27 March 2024
Policy Memorandum (426KB, pdf) posted 27 March 2024
Financial Memorandum (302KB, pdf) posted 27 March 2024
Delegated Powers Memorandum (331KB, pdf) posted 27 March 2024
Statements on legislative competence (160KB, pdf) posted 27 March 2024
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
Jackson Carlaw MSP is the additional member in charge for the Assisted Dying for Terminally Ill Adults (Scotland) Bill.
The Member who introduces the Bill is also, in the first instance, the ‘Member in charge’ of it. They may choose to name an ‘additional Member in charge’. This gives the Member in charge an assurance that any necessary procedural steps can still be taken if they are unavailable for a period or on a particular occasion.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Bill was introduced on 27 March 2024
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Health, Social Care and Sport Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The Committee agreed an initial approach to its scrutiny of the Assisted Dying for Terminally Ill Adults (Scotland) Bill at Stage 1 at its meeting on 21 May 2024.
Further information on the Committee’s approach to scrutiny in relation to this Bill and how it will handle information can be found in its Written statement on the handling of information and evidence.
If you have any further queries about the Committee’s scrutiny of the Bill, please contact the Clerks to the Committee by emailing ADBill@parliament.scot.
The Committee issued two calls for views which were open for submissions between Friday 7 June and Friday 16 August 2024:
The Scottish Parliament Information Centre (SPICe) is in the process of producing a detailed analysis of responses to both calls for views. In advance of this, this document provides an overview of high-level quantitative results from both calls for views.
Read the overview of results (297KB, pdf) posted 19 September 2024
Data tables are available to download here (26KB Excel document)
Letter from Scottish Care concerning the Assisted Dying for Terminally Ill Adults (Scotland) Bill call for views, 29 August 2024
Letter from Dr Sandra Lucas and Dr Rhona Winnington of the University of the West of Scotland to the HSCS Convener concerning the Assisted Dying for Terminally Ill Adults (Scotland) Bill, 16 August 2024
Letter from the Association of British Insurers to the HSCS Convener concerning the Assisted Dying for Terminally Ill Adults (Scotland) Bill, 14 August 2024
Letter from the Cabinet Secretary for Health and Social Care to the HSCS Convener concerning the Assisted Dying for Terminally Ill Adults (Scotland) Bill, 9 August 2024
The NSW Voluntary Assisted Dying Board's interim report on voluntary assisted dying in New South Wales, shared by Alex Greenwich, independent Member for Sydney in the New South Wales Parliament, 2 July 2024
See a full list of Stage 1 correspondence
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
The Delegated Powers and Law Reform Committee published a report on 20 September 2024.
Letter from Liam McArthur MSP to the Convener, 27 June 2024
Letter from the Convener to the Member in charge, Liam McArthur MSP
See a full list of Stage 1 correspondence