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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 20 November 2025
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Displaying 857 contributions

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Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2

Meeting date: 11 November 2025

Brian Whittle

I have a point of clarification. Is it not already in law that a medical practitioner may refer a patient to authorities that might be able to help with a vulnerability?

Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2

Meeting date: 11 November 2025

Brian Whittle

With regard to amendment 153, the concern is the protection of patients and their wishes and the protection of healthcare professionals, as well as the provision of clarity on the patient’s decision for family members and friends. Amendments 153 and 209 make provision for the Scottish Government to bring forward a template advance care directive for patients who are accessing assisted dying. Amendment 163 would ensure that completion of the advance care directive was part of the assisted dying process by making it a requirement under schedule 2 to the bill. Amendment 156 would make the discussion of an advance care directive mandatory.

Overall, this set of amendments would help to avoid doubt with regard to patients’ intentions and would provide clarity for patients, healthcare professionals and loved ones. I have researched UK and international examples of what should be included, and this provision is standard elsewhere. Introducing this practice through the bill would give us a clear way to evaluate how these directives can work in practice.

The advance directive makes the patient’s wishes clear with regard to specific items of care that might prolong their life if they become incapacitated and cannot continue with the assisted dying process, if they become incapacitated due to the effects of the approved substance with which they may end their life, if they choose to cancel their declaration, or if they decide not to use the substance. The advance care directive cannot be used to choose assisted dying in the event of incapacity.

The template requirement is to allow a standard format for the advance care directive that fits the needs of healthcare professionals and makes information easy to locate when it is needed. The power is given to ministers to expand the care beyond what is listed, if required, in consultation with health professionals.

Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2

Meeting date: 11 November 2025

Brian Whittle

No—it would come as part of the process.

Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2

Meeting date: 11 November 2025

Brian Whittle

That is absolutely the intention. Not filling in an advance care directive will, in and of itself, be the completion of an advance care directive, but it must be offered.

To clarify my view, I would rather that these amendments be passed and amended at stage 3, if it is felt that they need to be amended. I want to make sure that advance care directives are available and an option for everybody. If someone decides not to fill in an advance care directive, that, in itself, will be the completion of an advance care directive.

I press amendment 153.

Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2

Meeting date: 11 November 2025

Brian Whittle

Whether the decision is to opt out or opt in, our medical professionals will have patients who move from not being in a position to seek assisted dying to one in which they are. Would it not be responsible to have assisted dying training across the whole of the medical profession, given that, even though they might not want to participate in helping somebody with assisted dying, medical professionals will have care responsibilities for such patients?

Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2

Meeting date: 11 November 2025

Brian Whittle

I thank Sandesh Gulhane for his intervention. As it comes from the perspective of a medical professional, it is really helpful. To clarify, my response to his first point is that it would be the notes on the assessment of the person’s right to seek assisted suicide; the amendment is not about access to all the notes.

Sandesh Gulhane made the point that a person might say something completely different to one medical practitioner from what they said to another; in that circumstance, you would surely come to a different conclusion. That is the protection that we must have; if we are going to have two independent medical practitioners making the assessment, they have to be truly independent and they both have to come to the same conclusion independently of each other. That is why I lodged amendment 155.

Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2

Meeting date: 11 November 2025

Brian Whittle

I thank Liam McArthur for his engagement. To clarify, it is important not just that an advance care directive is available to patients, but that the healthcare professional ensures that there is an understanding—

Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2

Meeting date: 11 November 2025

Brian Whittle

We rehearsed this a bit last week. My concern about what has been discussed is around the medical practitioner’s discussing palliative care options and giving the choice to the patient. It is only a choice if there actually is a choice. If palliative care is not available, how can it possibly be a choice? How can the medical practitioner discuss palliative care options if the patient is never going to be able to access them?

Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2

Meeting date: 11 November 2025

Brian Whittle

Yes, I have concluded.

I move amendment 153.

Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2

Meeting date: 11 November 2025

Brian Whittle

Of course.