MSP defends ‘robust’ safeguards in proposed assisted dying law




MSPs will have their first vote on the Assisted Dying for Terminally Ill Adults (Scotland) Bill in the coming weeks.


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Mr McArthur told the committee: “Ultimately if this were put in place this would be the most heavily safeguarded end of life choice option available, I would say.”

The MSP added: “I don’t underestimate the sensitivity of this issue nor the significance of making the change proposed.

“However doing nothing, the status quo, has consequences given what we know to be the experience of those who endure a bad death, despite the best efforts of palliative care or, indeed, those who feel forced to take matters into their own hands.

“We can and must do better and this Bill provides us with an historic opportunity to do so.”

Mr McArthur continued: “If we do not introduce this choice then in a sense we are accepting that these individuals and others will continue to face hellish options at the end of life, despite the very best endeavours of palliative care and despite any investment we might wish to make in improving access to palliative care.

“And that to me seems absolutely intolerable.”

One of the most controversial aspects of the Bill is that it would allow someone aged 16 to end their life. 

On Tuesday, Mr McArthur indicated he could consider changing the age limit to 18 if Holyrood backs the general principles.

He told the committee: “The rationale for opting for 16 was because of that being the age of capacity for making medical decisions, those who are 16 are deemed to have that capacity in terms of decisions around their treatment.

“So, I think there is a logic for 16.”

However, he said there were “persuasive” arguments for increasing the age limit.

And he said it was an area where he was “keen to reflect further”, if the Bill passes its first vote at Holyrood.

However, opponents of the legislation raised concerns that introducing assisted dying “would inevitably lead to abuses against the most vulnerable”.

Dr Miro Griffiths, of the Better Way campaign, said: “Nothing in Liam McArthur’s Bill would rule out coercion of patients through subtle pressure applied behind closed doors, people feeling pressure to die because of the inequalities they face, or legislative mission creep in years to come.

“These dangers are unsolvable, regardless of the assurances assisted dying supporters offer to the Scottish public.”

Similarly, Dr Stuart Weir, head of the Christian charity Care for Scotland, said: “We fail to see how overwhelmed medical professionals could spot the signs of coercive control – a crime that is often by nature subtle and hard to detect, taking place behind closed doors.”

He added: “Care for Scotland is one of many critical groups to have warned that marginalised citizens will face pressure to opt for assisted suicide arising from inequality.

“We believe this concern, alongside others, makes any attempt to legislate for assisted death unworkable.”


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Meanwhile, Scottish Labour leader Anas Sarwar said he had “real concerns” about changing the law.

He told journalists: “I’ve also got concerns – my colleague Pam Duncan-Glancy makes this point very powerfully as the first wheelchair-using member of the Scottish Parliament – that many people with disabilities feel that they don’t get the right to live, never mind the right to die.

“Therefore, I think there are other things that we can do to improve the services that are available to people towards the end of their life.”

The Scottish Labour leader stressed the need to reform palliative care, saying: “I think if we get palliative care right, then many of the challenges that are being identified could be resolved.”


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