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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 2 April 2025
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Displaying 1119 contributions

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Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Paul Sweeney

Do you think that it might be worth considering the provision of further detail on dispute resolution mechanisms—for example, in circumstances in which interested parties, family members or people with power of attorney might have a concern about coercion?

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Paul Sweeney

Thank you, Mr McArthur, for attending today. Witnesses raised further questions on the practical administration of a substance if someone were physically impaired and unable to administer it. Obviously, we mentioned proxy with regard to the certification, for example. Could you talk us through the practical application of administering a substance if someone were physically unable to do so due to paralysis and so on?

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Paul Sweeney

People from other jurisdictions, particularly Canada, have mentioned the phenomenon of so-called doctor shopping, when the fact that some clinicians are unwilling to participate nudges someone who is persistent in their desire towards clinicians who would be minded to accept that. If someone were accessing a cohort of clinicians who were minded to support their position, even when other clinicians had concerns, would that create an inevitable risk of coercion?

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Paul Sweeney

There are a lot of provisions in section 23 on guidance, and the Scottish ministers would be able to make secondary legislation to set out the detail on a lot of that. Might there be instances around this area when it would be preferable to set out provisions in the bill, rather than relying on ministers to augment the bill through secondary legislation?

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Paul Sweeney

In last week’s evidence session, Police Scotland and the Crown Office and Procurator Fiscal Service seemed to be content that the current law and the bill would interact in a way that would not hinder prosecution in appropriate situations. Sections 19 and 20 of the bill deal with criminal liability and mirror the provision for civil liability. Section 19(1) states:

“It is not a crime to lawfully provide a terminally ill adult with assistance to end their own life”,

but section 19(2) states:

“Subsection (1) does not limit the circumstances in which a court can otherwise find that a person who has assisted another to end their own life has not committed an offence.”

The explanatory notes highlight that that would be in the context of complying with the bill’s provisions.

Could there be the risk of litigation or police complaints being made? Could the provisions be tested by people disputing their relative’s competence or in other scenarios in which things end up being augmented by case law?

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Paul Sweeney

When it comes to conditions for which the prognosis is hard to determine, there might well be a long period after someone has made it clear that they want to have an assisted death. They might have made the relevant provisions in accordance with the bill, but there could then be a long period in which scope existed for further pressure to be applied or for other influences to be exerted on the person’s thinking. Many people who have a terminal illness and expect to receive palliative care might want to make provision for an assisted death because they think that having the option to end their life on their terms might provide some comfort. In the end, that option might not be used, but making such provision could create an open-ended period in which many circumstances could change.

Could more detail be provided on situations in which there were such longer periods? Could there be intervals at which the desire for an assisted death was reassessed by relevant professionals, such as the co-ordinating doctor?

Health, Social Care and Sport Committee

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

Meeting date: 28 January 2025

Paul Sweeney

Could the Government perhaps address each of the options, whether it is section 30, section 63 or section 104, and outline what they might do, or would that be premature at this stage?

Health, Social Care and Sport Committee

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

Meeting date: 28 January 2025

Paul Sweeney

I appreciate the cabinet secretary and colleagues joining us. I have a point of interest on the matter that you discussed with colleagues earlier on legislative competence and the provisions set out by the member in charge for potential remedies to the concerns raised by the Government. Does the Government have a view on a preferred remedy, even though it is hypothetical at this stage?

Health, Social Care and Sport Committee

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

Meeting date: 21 January 2025

Paul Sweeney

That is helpful. Are there any other views on that?

Health, Social Care and Sport Committee

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

Meeting date: 21 January 2025

Paul Sweeney

I see nodding; opinions are fairly consistent on that.

We will move to questions from Brian Whittle.