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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 4 April 2025
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Displaying 693 contributions

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Health, Social Care and Sport Committee

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

Meeting date: 28 January 2025

Brian Whittle

Correct me if I am wrong, but you said that coercion happens prior to the person having an assisted death. If that person goes through with the process and it is found later on that there was coercion, surely that is the offence. If coercion is caught prior to the death, the person would be prevented from dying in the first place. Surely the offence is after the death.

Health, Social Care and Sport Committee

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

Meeting date: 28 January 2025

Brian Whittle

I have a short question on definitions in the bill, relating to what qualifies as a terminal illness and the act of self-administration, for example. What we mean by self-administration is another area that has been quite thoroughly looked at during our evidence taking. Under the bill, we assume that it would mean ingestion of some concoction, but we have also looked at what that would mean for the human rights of somebody who cannot swallow and who might have to go down another route. In relation to that, if something went wrong, what would be the legal requirement on the medical professional who was there at the time? Would they have to step in and save the person’s life? That is a grey area that worries me, Mr Johnson.

Health, Social Care and Sport Committee

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

Meeting date: 28 January 2025

Brian Whittle

In that case, would there also be the potential for coercion to prevent somebody from having an assisted death? Would that be an offence?

Health, Social Care and Sport Committee

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

Meeting date: 28 January 2025

Brian Whittle

One of the main concerns around the bill is that, currently, one in four people does not have access to appropriate palliative care, which might influence their decision on whether to access assisted dying. Cabinet secretary, from your perception and in the Scottish Government’s estimation, is palliative care good enough, or are you also concerned that lack of access to palliative care might have an impact on the bill?

Health, Social Care and Sport Committee

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

Meeting date: 28 January 2025

Brian Whittle

No, I completely understand.

Health, Social Care and Sport Committee

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

Meeting date: 28 January 2025

Brian Whittle

If coercion is not currently an offence, I presume that it would become an offence within the context of the bill. We would be asking members of the medical profession, who are not members of the legal profession, to make a judgment on something that might break the law. Is that a fair comment?

Health, Social Care and Sport Committee

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

Meeting date: 28 January 2025

Brian Whittle

One of the big wins from this bill—if “wins” is the word that I am looking for—is that it is shining a light on palliative care provision and the need for it to be equitable across the country. If you look back at some of the evidence that we have heard, you will see the concern with regard to palliative care and the potential for some people to consider assisted dying because of inadequate palliative care in their particular instance. I ask you to have a look at that, because it is a big concern for me. I would like to think—and I am sure that you will agree with me—that, if the bill were to be passed, everybody who wished to consider assisted dying could also access palliative care, that the matter would be raised by a GP or whatever at the time and that provision would be equitable.

Health, Social Care and Sport Committee

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

Meeting date: 28 January 2025

Brian Whittle

I appreciate that answer, cabinet secretary. Presumably, given what you just alluded to, if the bill is amended to include mandatory access to palliative care for anybody who is considering assisted dying—that is to say, that they must be offered palliative care at the same time—the Government would support a financial resolution to ensure that the bill could go ahead as amended.

Health, Social Care and Sport Committee

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

Meeting date: 21 January 2025

Brian Whittle

Having taken evidence from other jurisdictions, I would argue that that is not the case. Some people in other jurisdictions have said that the lack of palliative care is a contributory factor, especially for those people in poor communities who have the disadvantage of having less access to palliative care. That issue will have to be addressed.

Health, Social Care and Sport Committee

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

Meeting date: 21 January 2025

Brian Whittle

Would you accept that, for those people who are moving towards the end of their life, the option of palliative care should be there—which it currently is not for a lot of people—at the same time as the option of assisted dying?