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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 5 May 2021
  6. Current session: 12 May 2021 to 3 April 2025
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Displaying 1046 contributions

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Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Neil Gray

I note that those questions were considered by the previous panel, particularly in relation to prosecution policy and investigations. We have considered Mr McArthur’s equality impact assessment. Depending on the consideration that the committee gives to those questions, further work may be required post stage 1. However, at this stage, I will rest there.

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Neil Gray

Good morning, colleagues, and thank you very much for your invitation to give evidence to the committee on what is, as I am sure that you have found throughout your evidence gathering, a very sensitive and emotive topic.

As I outlined in my memorandum to the committee in September, the Government is taking a neutral position on Liam McArthur’s bill at this stage, and it is for the Parliament to decide whether it supports the general principles behind the bill. Given that, I am not in a position to comment on assisted dying in principle or on the individual provisions in the bill, beyond what I have already outlined in the memorandum.

It is important that I, as lead minister on the bill, and the Government, remain neutral while the Parliament carries out its scrutiny. However, my officials and I have been closely following the evidence that the committee has gathered over the past few months. The work that you have been doing and the evidence of stakeholders will play an important role in supporting our decision making on any amendments that we might wish to lodge, should it pass stage 1. I also look forward to reading the committee’s stage 1 report when it is published.

This is a hugely complex, emotive and contentious topic, and it remains my hope that, regardless of our personal views, we as MSPs will be able to work together across parties to ensure that the debate continues to be handled with the sensitivity that it requires and deserves. I am grateful to the committee for the respectful way in which it has handled its scrutiny thus far, and I thank you again for inviting me to give evidence on this important issue.

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Neil Gray

I am happy to bring Ms Crossan in to give further detail. A lot would be dependent on the service model that is put forward. I know that the British Medical Association has raised questions about the model and how it will be established. The point that you raise is correct.

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Neil Gray

That would be a financial undertaking and we would need to consider that, should an amendment of that nature be made. It would be for others to determine whether such an amendment would be within the scope of the bill. I recognise the work of the likes of Miles Briggs, and we are considering how to ensure that palliative care support is as extensive and equitable as possible as part of our strategy. The work that we are doing in that vein, as well as supporting our hospice sector and our health and social care services, aims to ensure the availability of palliative care at the point of need.

10:30  

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Neil Gray

I have noted some of the evidence that has been put forward. I understand the live debates that there are, which the committee will be considering, around the shape of any proposed service and how it would interact with existing health services. It is for the committee to determine that in its stage 1 report and for the Parliament to consider that. My position will remain neutral until that has taken place.

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Neil Gray

Again, I am trying to be as helpful as possible to Mr Gulhane and to the committee. I have set out in my opening statement that the Government is taking a neutral approach and that, as the lead minister for the bill, it would not be appropriate for me to comment on provisions within it. I note the evidence that has come forward and I understand the debate that is there. We will all have to consider the matter should the bill pass stage 1.

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Neil Gray

I would be happy to take that point away and to write to you to give you what I can on the financial memorandum considerations.

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Neil Gray

For the Government, yes, that would be premature. We have nothing further to add, other than our position that we believe that elements in the bill would not pass legislative scrutiny and are not within our legislative competence.

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Neil Gray

I heard the evidence that the committee took this morning. I have not interacted with NRS on that issue, and I am not sure whether the committee has explored it with NRS, but it might be something to follow up on. We do not have a position on that as yet.

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Neil Gray

Unfortunately not. Beyond what I have set out in the Government’s memorandum, I must maintain a strictly neutral position to allow the committee and the Parliament to assess the merits of the bill on the basis of what I believe will be a universally free vote, including for those in the Government. My responsibilities as health secretary and lead member for the bill will come in should the bill pass stage 1, and then there will be far more extensive dialogue and discussion and policy positions taken.