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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 16 November 2025
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Displaying 2330 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

Stuart McMillan

I listened to Liam McArthur’s comments, but it is still worth while to speak to my amendment 249, which was drafted with the Salvation Army. The stage 1 report noted in paragraph 356 a “widespread view” that there needs to be more clarity about how institutions could reasonably be expected to respond to the legalisation of assisted dying if the bill were to pass.

The Salvation Army is a key provider of social services across the country, including in my Greenock and Inverclyde constituency. It provides 16 residential and non-residential services for people who are experiencing homelessness. It has informed me that, in countries in which assisted dying is legal, such as Switzerland, Government funding and commissioning for its residential services in particular was put under threat because it had not wished to provide facilities for assisted dying on its premises.

Section 18 of the bill recognises that individuals who are working with a terminally ill person may have a personal conscientious objection to assisted dying. It respects their right to hold that objection by saying that nobody should suffer any detriment because they cannot, in conscience, take part in the assisted dying process. However, the Salvation Army—which I support in this aspect—believes that organisations, too, can have a conscience that is based on their ethos. Many organisations that provide care and support to vulnerable people, including people who are terminally ill, do so because the people who founded the organisation had a set of moral beliefs that impelled them to provide care for people who need it. Those beliefs have entered into the conscience of that organisation. They provide the moral and ethical basis for its continued work. They are the reasons why the organisation continues to do what it does.

Sometimes, those beliefs will support or be neutral towards the idea that terminally ill adults should be able to choose to have help to end their lives. In such cases, the organisation will be able to accommodate the legalisation of assisted dying with little difficulty. However, that will sometimes not be the case; sometimes an organisation will have a view of human life, or of its role at the end of life, that will not be able to accommodate legalised assisted dying. If such an organisation is told that it must accommodate legalised assisted dying or it will lose public funding for its services, it will face a very difficult dilemma of a kind that the bill says that an individual should not be exposed to.

The Salvation Army is calling for a clear statement in the bill that organisations should have the right to exercise conscientious objection to participation in assisted dying. No organisation or individual should be penalised for their conscientious objection to assisted dying. [Interruption.] Sure, I was just coming to an end.

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 11 November 2025

Stuart McMillan

No, that is certainly not the purpose of amendment 249. I am not sure whether the Salvation Army operates in your constituency, Mr FitzPatrick. I know from the engagement that I have had with it over many years, because of the range of services that it operates, that that is certainly not where it is coming from. I go back to the point about Switzerland that I referred to. In the end, the Salvation Army had to operate within the new law that was introduced in Switzerland, but it found it difficult to undertake that.

Regarding the situation in Scotland with this legislation, the Salvation Army would not want to be in a position in which people would have to leave its premises. At the same time, it is an organisation that clearly does not believe in the premise of assisted dying.

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 11 November 2025

Stuart McMillan

The issue is clearly a concern for the organisation because of the experience that it faced in Switzerland. Fundamentally, it will abide by the law in any country in which it operates, which I am sure that we would all appreciate and expect. However, as an organisation, it does not support the legislation that is being proposed. If the bill were to pass, it would be difficult for the organisation to operate the bill’s provisions, particularly in its residential settings. However, it would not break the law.

Delegated Powers and Law Reform Committee [Draft]

Instruments not subject to Parliamentary Procedure

Meeting date: 4 November 2025

Stuart McMillan

Under agenda item 3, we are considering two instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee [Draft]

Instrument subject to Negative Procedure

Meeting date: 4 November 2025

Stuart McMillan

Under agenda item 2, we are considering one instrument, on which no points have been raised.

Delegated Powers and Law Reform Committee [Draft]

Instrument subject to Negative Procedure

Meeting date: 4 November 2025

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Document subject to Parliamentary Control

Meeting date: 4 November 2025

Stuart McMillan

This document is a revised strategy for Environmental Standards Scotland and is subject to a bespoke procedure for parliamentary consideration under the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021.

Paragraph 1 of schedule 2 of the 2021 act contains a detailed list of information that the strategy must set out, concerning how ESS intends to go about its work. It appears to the committee that some of the required information is not included in the strategy.

Some of the information appears to be contained instead in separate guidance that ESS has produced. The 2021 act requires all of that information to be in the strategy that is laid before the Parliament. Putting the information in a separate document, which is published on ESS’s website, does not fulfil that requirement.

Accordingly, does the committee wish to report the strategy on the general reporting ground, in that some of the information required by paragraph 1 of schedule 2 does not appear to be contained in the revised strategy?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Document subject to Parliamentary Control

Meeting date: 4 November 2025

Stuart McMillan

Does the committee also wish to highlight to the lead committee in its report a more minor point—that the revised strategy suggests that ESS scrutinises all organisations that perform functions of a public nature, without making clear that there are exceptions to that?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Document subject to Parliamentary Control

Meeting date: 4 November 2025

Stuart McMillan

The next meeting of the committee will take place on Tuesday 11 November.

Meeting closed at 09:32.  

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 4 November 2025

Stuart McMillan

Good morning and welcome to the 30th meeting in 2025 of the Delegated Powers and Law Reform Committee. I remind everyone to switch off, or put to silent, mobile phones and other electronic devices. We have received apologies from Jeremy Balfour MSP.

Under agenda item 1, we are considering three instruments, on which no points have been raised.