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Seòmar agus comataidhean

Official Report: search what was said in Parliament

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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 6 April 2025
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Displaying 1119 contributions

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Health, Social Care and Sport Committee

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

Meeting date: 14 January 2025

Paul Sweeney

It looks like there are no final comments on the need for amendment to improve the definitions.

Health, Social Care and Sport Committee

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

Meeting date: 14 January 2025

Paul Sweeney

Please do, Tressa.

12:00  

Health, Social Care and Sport Committee

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

Meeting date: 14 January 2025

Paul Sweeney

That is great.

Lyn Pornaro, do you have any comments?

Health, Social Care and Sport Committee

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

Meeting date: 14 January 2025

Paul Sweeney

I echo the sentiments expressed by colleagues. The session last week was very effective. I certainly learned a lot from it, and I am sure that colleagues did, too. A perspective that I had not previously considered was the impact on young people of having a supportive structure around them, then, when they transition to adulthood, perhaps having that support removed. That might influence people’s outlook on life.

Similarly, there are issues around self-administration for people with significant disabilities. A number of interactions really helped me to understand the practical application of the bill as currently drafted. I appreciate that.

Health, Social Care and Sport Committee

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

Meeting date: 14 January 2025

Paul Sweeney

I thank the members of the panel for their contributions so far.

I turn to section 15 of the bill, on provision of assistance. Assistance is defined as

“providing the substance to end the person’s life, staying with the adult until they have decided they wish to use the substance or, removing the substance if they decide they do not wish to use it.”

The bill does not explicitly provide that the substance would have to be self-administered, but self-administration is stressed in the policy memorandum and explanatory notes.

As part of its written submission, MND Scotland has referred to its concern about whether the bill is sufficiently clear in relation to whether people with physical disabilities—with, for example, a progressive condition such as MND—who would find self-administration difficult or impossible, would have access to assistance. I wonder whether Susan Webster would start us off with concerns about the definition of “assistance”.

Health, Social Care and Sport Committee

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

Meeting date: 14 January 2025

Paul Sweeney

I really appreciate your initial thoughts on that.

Section 15(1) of the bill simply mentions someone providing

“a terminally ill adult with an approved substance with which the adult may end their own life.”

The UK bill contains more detail on what is permitted in the definition of self-administration, in that it states that

“the coordinating doctor may—

(a) prepare that substance for self-administration by that person,

(b) prepare a medical device which will enable that person to

self-administer the substance, and

(c) assist that person to ingest or otherwise self-administer the substance.”

Would you like to see the bill being amended to have that level of detail or something similar? Is that, in essence, what you are asking for?

Health, Social Care and Sport Committee

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

Meeting date: 14 January 2025

Paul Sweeney

I thank the members of the panel for their contributions so far today. A key part of monitoring the appropriate implementation of assisted dying would come in the shape of the bill’s reporting provisions. Are the reporting and monitoring requirements that are set out in the bill suitably robust to pick up on any potential misapplication of the law? Do you have any views on the current provisions?

Health, Social Care and Sport Committee

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

Meeting date: 14 January 2025

Paul Sweeney

Okay—we can certainly note the point about an independent review. The obligation is on the Scottish Government to review the legislation and report to the Parliament, so we can perhaps take a view on who would be best placed to conduct an independent review. I thank you for that feedback—it is helpful.

Health, Social Care and Sport Committee

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

Meeting date: 14 January 2025

Paul Sweeney

Thank you—that is helpful.

I note that the Terminally Ill Adults (End of Life) Bill in England stipulates that a review should include an assessment of palliative care services, which seems to be roughly what you were suggesting, Ms Scobie. We can certainly look at that.

I know that there is a requirement in the bill for reporting within five years, but would you favour a sunset clause and/or a statutory review period that is shorter than five years following the legislation’s entry into force? Is five years too far out for you? What is your view on the timescale?

If you do not want to comment, or if there are no strong views about the five-year period, that is fine.

Health, Social Care and Sport Committee

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

Meeting date: 14 January 2025

Paul Sweeney

Yes.