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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 21 April 2025
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Displaying 1604 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

Clare Haughey

Several respondents to the consultation on the bill noted that there is no provision for challenging or reviewing decisions that are made by doctors on whether someone’s illness meets the definition in the bill of terminal illness, whether they have capacity to make the decision and whether they have been coerced. The Edinburgh Napier University centre for mental health practice, policy and law research submitted that it was

“concerned at the lack of any accessible mechanism by which the decision of a doctor can be appealed or independently reviewed by the courts.”

Again, is that something that you considered? Now that the bill has been under some scrutiny, would you consider amending it in that regard?

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Clare Haughey

Conversely, is it unreasonable for there not to be an appeal process for someone who has perhaps been denied access to assisted dying?

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Clare Haughey

It sounds like what you propose in terms of that conscientious objection would be quite discrete. How do you counter what surveys of palliative care staff and staff who work in hospices say? According to those surveys, quite large numbers of staff have talked about leaving those services should your bill be passed.

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Clare Haughey

One of the other areas that the committee has touched on is qualifications. I believe that the bill speaks about medical practitioners, although I might be misquoting slightly there. However, witnesses were clear that the level of qualification that would be required for doctors to be able to participate in assisted dying could encompass those at foundation year 2 level. When representatives of the Royal College of Psychiatrists were at committee, we asked about their level of confidence in such a junior doctor participating in those assessments of capacity and so on. They were quite resolute that they did not feel that such a junior doctor would have sufficient experience at that level of their training. Why have you chosen that particular term, which encompasses such junior doctors, and, should the bill pass at stage 1, would you look to amend that provision?

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Clare Haughey

Good morning, and welcome to the fourth meeting in 2025 of the Health, Social Care and Sport Committee.

The first item on our agenda today is to take evidence as part of the committee’s scrutiny of the Assisted Dying for Terminally Ill Adults (Scotland) Bill at stage 1 from the member in charge of the bill, Liam McArthur MSP. I welcome Liam McArthur, who is joined by Claudia Bennett, a senior solicitor in legal services at the Scottish Parliament; Nick Hawthorne, who is a senior clerk in the non-Government bills unit of the Scottish Parliament; and Dr Amanda Ward, who is adviser to Liam McArthur.

Before we move to questions, I invite Mr McArthur to make a brief opening statement.

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Clare Haughey

Okay, but the financial memorandum did not include any other profession that might be involved in the care of someone who was accessing assisted dying.

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Clare Haughey

As we are only halfway through our questioning, I will briefly suspend the meeting for a comfort break.

11:23 Meeting suspended.  

11:31 On resuming—  

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Clare Haughey

Welcome back. We will continue to take evidence from Liam McArthur and his accompanying witnesses. I refer members to my entry in the register of members’ interests, which states that I am employed as a bank nurse by NHS Greater Glasgow and Clyde.

I would like to explore a couple of issues with you, Mr McArthur, starting with conscientious objection. We have heard various arguments and questions at committee in relation to the conscientious objection clause in the bill—who it includes and what the clause extends to. Section 18(1) of the bill sets out that no one is

“under any duty ... to participate in anything authorised”

under the bill, if they have

“a conscientious objection”

to doing so. The bill does not prescribe to whom the conscientious objection would apply, but the policy memorandum indicates that it is intended to apply to doctors and other health care professionals who are involved in the process. There is some argument that the clause replicates a provision in the Abortion Act 1967 and is therefore likely to be interpreted in the same way by the courts. That would mean that the objection clause might extend only to those people who are directly involved in the process of assessing, prescribing and providing assistance. Could you perhaps clarify your thinking around that and who you envisage that the conscious objection clause would apply to?

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Clare Haughey

We will come to questions on that later. If we do not cover that, I will be happy to come back to you.

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Clare Haughey

Last week, a group of GPs in my constituency asked me a question that I was not able to answer. They asked whether there would be a duty for someone expressing that conscientious objection to refer a person requesting assisted dying to another assessor. Can you give me a definitive answer?