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Assisted Dying for Terminally Ill Adults (Scotland) Bill

Liam McArthur MSP introduced this Member’s Bill. It will allow terminally ill adults in Scotland, who are eligible, to lawfully request, and be provided with, assistance by health professionals to end their own life.

This is a Member's bill

The Bill was introduced on 27 March 2024 and is at Stage 1

Introduced: the Bill and its documents

Overview

Liam McArthur MSP has introduced this Member’s Bill. It will allow terminally ill adults in Scotland, who are eligible, to lawfully request, and be provided with, assistance by health professionals to end their own life. 

To be eligible to be provided with assistance to end their life, a person must:

  • be terminally ill (have an advanced and progressive disease, illness or condition which they cannot recover from, and which is expected to cause their premature death)
  • be aged 16 or over
  • have been resident in Scotland for at least 12 monthsbe registered with a GP practice in Scotland
  • have sufficient capacity to make and understand the decision

Two doctors are required to assess a person as being eligible to be provided with assistance to end their own life. Both doctors also need to be satisfied that a person is acting voluntarily, without being coerced or pressured.

If confirmed as eligible, a terminally ill adult can lawfully be provided with an approved substance by a health professional. They can choose to administer this substance to themselves to end their life. Assisting death outside of what is set out in the Bill would remain unlawful.

Why the Bill was created

Liam McArthur MSP believes adults that have an advanced and progressive terminal illness should be able to decide how and when their life should end.

Mr McArthur believes that the law in Scotland should allow access to safe and compassionate assisted dying for those who meet the criteria and want it, alongside other palliative and end of life care options. He does not believe that terminally ill adults should have no alternative to the prospect of a prolonged, painful and traumatic death.

Mr McArthur believes that the lawful provision of assisted dying for terminally ill adults in Scotland will allow people autonomy, dignity and control over the end of their life, and help to make Scotland a more compassionate society.

Accompanying Documents

Explanatory Notes (199KB, pdf) posted 27 March 2024

Policy Memorandum (319KB, pdf) posted 27 March 2024

Financial Memorandum (282KB, pdf) posted 27 March 2024

Delegated Powers Memorandum (308KB, pdf) posted 27 March 2024

Statements on legislative competence (109KB, pdf) posted 27 March 2024

Accompanying Documents (print versions)

Explanatory Notes (284KB, pdf) posted 27 March 2024

Policy Memorandum (426KB, pdf) posted 27 March 2024

Financial Memorandum (302KB, pdf) posted 27 March 2024

Delegated Powers Memorandum (331KB, pdf) posted 27 March 2024

Statements on legislative competence (160KB, pdf) posted 27 March 2024

Additional member in charge

Jackson Carlaw MSP is the additional member in charge for the Assisted Dying for Terminally Ill Adults (Scotland) Bill.

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.

The Bill was introduced on 27 March 2024

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Lead committee examines the Bill

The lead committee for this Bill is the Health, Social Care and Sport Committee.

Lead committee's approach to scrutiny of the Bill

The Committee agreed an initial approach to its scrutiny of the Assisted Dying for Terminally Ill Adults (Scotland) Bill at Stage 1 at its meeting on 21 May 2024.

Further information on the Committee’s approach to scrutiny in relation to this Bill and how it will handle information can be found in its Written statement on the handling of information and evidence.

If you have any further queries about the Committee’s scrutiny of the Bill, please contact the Clerks to the Committee by emailing ADBill@parliament.scot.

Call for views (closed)

The Committee issued two calls for views which were open for submissions between Friday 7 June and Friday 16 August 2024: 

  • a short call for views for people who wished to express general opinions about the Bill as a whole. 
  • a detailed call for views for people, groups, bodies or organisations who wished to comment on specific aspects of the Bill. 

The Scottish Parliament Information Centre (SPICe) is in the process of producing a detailed analysis of responses to both calls for views. In advance of this, this document provides an overview of high-level quantitative results from both calls for views.

Read the overview of results (297KB, pdf) posted 19 September 2024

Data tables are available to download here (26KB Excel document)

Read the responses on Citizen Space

Meetings of the lead committee

Provisional timetable of evidence

The Committee agreed the following programme of evidence at its meeting on 1 October 2024.

Week 1

  • Introduction by the Non-Government Bills Unit (in private)
  • Consideration of the implementation of Assisted Dying in other jurisdictions

Week 2

  • Legal, human rights and equalities considerations
  • Mental health considerations, including safeguards, assessing capacity and psychological support

Week 3

  • Impact on, and considerations for, healthcare professionals
  • Impact on, and considerations for, palliative care

Week 4

  • Informal engagement with adults with learning disabilities (in private)

Week 5

  • Impact on, and considerations for, those with long-term conditions
  • Impact on, and considerations for, disabled people

Week 6

  • Groups that support assisted dying
  • Groups that oppose assisted dying

Week 7

  • Considerations of the Bill for law enforcement
  • Scottish Government

Week 8

  • The Member in charge of the Bill

Correspondence: lead committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill - Scottish Government position

Letter from the Cabinet Secretary for Health and Social Care to the HSCS Convener concerning the Assisted Dying for Terminally Ill Adults (Scotland) Bill, 30 September 2024

Assisted Dying for Terminally Ill Adults (Scotland) Bill

Letter from Scottish Care concerning the Assisted Dying for Terminally Ill Adults (Scotland) Bill call for views, 29 August 2024

Comparative analysis of assisted dying legislation

Letter from Dr Sandra Lucas and Dr Rhona Winnington of the University of the West of Scotland to the HSCS Convener concerning the Assisted Dying for Terminally Ill Adults (Scotland) Bill, 16 August 2024

Assisted Dying for Terminally Ill Adults (Scotland) Bill - ABI position

Letter from the Association of British Insurers to the HSCS Convener concerning the Assisted Dying for Terminally Ill Adults (Scotland) Bill, 14 August 2024

Assisted Dying for Terminally Ill Adults (Scotland) Bill

Letter from the Cabinet Secretary for Health and Social Care to the HSCS Convener concerning the Assisted Dying for Terminally Ill Adults (Scotland) Bill, 9 August 2024

See a full list of Stage 1 correspondence for this committee

Work by other committees

Delegated Powers and Law Reform Committee

Meetings

Report

The Delegated Powers and Law Reform Committee published a report on 20 September 2024.

Read the report

Delegated Powers and Law Reform Committee Correspondence

Assisted Dying for Terminally Ill Adults (Scotland) Bill – response to questions on the Delegated Powers Memorandum

Letter from Liam McArthur MSP to the Convener, 27 June 2024

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

Letter from the Convener to the Member in charge, Liam McArthur MSP


Finance and Public Administration Committee

Finance and Public Administration Committee Correspondence

Assisted Dying for Terminally Ill Adults (Scotland) Bill Financial Memorandum - Letter of 17 June 2024

Letter from Liam McArthur MSP, Member in Charge of the Bill, to the Convener of 17 June 2024