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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 20 April 2025
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Displaying 1135 contributions

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Health, Social Care and Sport Committee

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

Meeting date: 19 November 2024

Dr Sandesh Gulhane

My final question is for all the witnesses, but particularly for Fiona McIntyre.

Is it clear what should happen in the unlikely but possible event of complications during the assisted dying process?

Health, Social Care and Sport Committee

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

Meeting date: 19 November 2024

Dr Sandesh Gulhane

Fantastic; thank you. I ask because the bills are different, and if someone objects to a bill in one jurisdiction, it would not necessarily mean that they would object to another bill in a different one, because bills can be written badly or well.

Health, Social Care and Sport Committee

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

Meeting date: 19 November 2024

Dr Sandesh Gulhane

Should the bill say that we must talk about the options for palliative care whenever someone requests assisted dying?

Health, Social Care and Sport Committee

Subordinate Legislation

Meeting date: 12 November 2024

Dr Sandesh Gulhane

I declare my interest as a practising NHS GP and, obviously, as a contributor to the NHS pension scheme.

I have a number of questions that I would like to put on the record and to which I would like answers from ministers, where appropriate. I would like to know what the anticipated financial impact of the amendments are on NHS staff pensions and, more importantly, on the overall sustainability of the pension schemes. What is the long-term strategy for ensuring the financial sustainability of NHS pension schemes in Scotland, given the rise in contribution rates? How do the amendments align with broader public sector pension reforms in Scotland and how do they compare to similar changes across the rest of the UK? To what extent would the changes to pension contributions and retirement flexibilities influence NHS staff recruitment and retention in Scotland? Can we explain the rationale behind the introduction of the final pay controls and what impact they will have on pensions for NHS staff who are near retirement age?

My final comment is that, with the changes that we see here, people who use the NHS pension scheme are totally and utterly unable to easily see their pension and to understand what is happening and what tax implications their pensions might have. That is important, because we are at a time when our NHS is on its knees and we need to make it easier for staff to do more work. However, what can happen is that staff who do more work will be landed retrospectively with a huge tax bill because of pension contributions, which means that they have, in effect, paid to go to work and to help us in our NHS. There are simple changes that can be made to stop that happening, and I urge the Scottish Government to look at those, both to make that easier and to allow people to see their pensions, as I have been contacted by a number of constituents who are unable to do so.

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Dr Sandesh Gulhane

This is a genuinely fascinating session.

I would like to speak more about the role of the courts. Dr Earle, I will start with you. I will specifically address the slippery slope argument that we began discussing earlier. I want to take that to its extreme and to hear your opinion on it. Suppose that I have diabetes, that I decide to go down the assisted dying route and that I can argue in court that I am being discriminated against as I am not allowed to do so for that condition. Obviously, that is an extreme. Do you foresee a way in which we could slowly move from the position of having fairly tightly worded reasons for being able to access assisted dying to the inclusion of conditions such as diabetes, on a rights basis?

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Dr Sandesh Gulhane

Yes—for people throughout the process, really.

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Dr Sandesh Gulhane

Thank you.

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Dr Sandesh Gulhane

[Interruption.] I apologise to Dr Neal, but we are really tight for time, so I will ask a question directly and perhaps you can roll the answer that you were going to give into that.

From what we have already heard, it seems that, if the bill goes through, the will of the Parliament is very much to have a tight definition. Given that, would it be appropriate for the courts to override the will of the Parliament in that way? Lynda Towers talked about a sunset clause earlier, but would a five-year sunset clause allow the Parliament to look at slippage, at changes and at court cases and ask whether that is what it wanted, or whether things have changed? Is that why we need a sunset clause?

Health, Social Care and Sport Committee

Subordinate Legislation

Meeting date: 12 November 2024

Dr Sandesh Gulhane

Yes.

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Dr Sandesh Gulhane

I declare an interest as a practising national health service general practitioner and as the chair of the medical advisory group that advised on the bill.

I am interested in what is being said about capacity. As a doctor, I judge capacity all the time. That can involve anything from giving a drug that could potentially kill somebody to a decision on the need for surgery. In the case of surgery, we have to assess whether someone can consent to the piece of work being done. Is it appropriate that a doctor’s ability to make those judgments in all other circumstances is also used in the bill?