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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 17 June 2025
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Displaying 1153 contributions

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Criminal Justice Committee, Health Social Care and Sport Committee, and Social Justice and Social Security Committee (Joint Meeting)

Tackling Drug Deaths and Drug Harm

Meeting date: 14 November 2024

Paul Sweeney

Is there a proactive engagement plan to enable colleagues across the Scottish Government, local authorities and the UK Government to see the facility in operation, once it is established? Recently, I happened to meet Dame Diana Johnson, who, as the Home Office minister, expressed a keen interest in coming to see it and was very open minded about how it could be developed. Is there an active plan for the Scottish Government to invite colleagues to see the facility in operation?

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

I think that the financial memorandum to the bill sets aside funding for training purposes, but it does not specifically mention training in relation to assessing capacity. Would you prefer that that was further clarified in the bill?

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

That is helpful.

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

Thank you, convener, and thanks to the witnesses for their insightful comments so far.

A number of respondents to our calls for views on the bill have raised the question whether doctors would have a “duty to raise” assisted dying as a reasonable treatment option with end-of-life patients, as current court decisions, such as Montgomery v North Lanarkshire Health Board, require doctors to discuss all reasonable treatment options with their patients so that the patient can make a fully informed decision.

Clause 4(1) of the UK bill introduced by Kim Leadbeater MP explicitly refers to no “duty to raise” the subject with patients and clause 4(2) clarifies that by providing that medical practitioners may exercise “their professional judgement”.

In the Scottish bill by Liam McArthur MSP, section 18(1) refers to a general requirement. Indeed, it provides that

“An individual is not under any duty (whether arising from any statutory or legal requirement) to participate in anything authorised by this Act to which that individual has a conscientious objection.”

Considering the bill as drafted, do you think that the status of assisted dying as a reasonable treatment option needs to be further clarified? Dr Neal, you could perhaps start us off.

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

Does anyone else have a view on that point?

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

Please do.

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

Is it quite difficult to determine whether the diagnosis was the stimulus for mental ill health or whether it was a pre-existing condition?

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

Do you have concerns that the qualifying criteria for eligibility, as defined in the bill, are too restrictive?

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

I do not know whether you have had an opportunity to look at the UK bill as introduced—the Terminally Ill Adults (End of Life) Bill—but its qualifying criteria do not refer to mental illness. However, at clause 30, it states that the secretary of state may introduce a code of practice on

“the assessment of whether a person has a clear and settled intention to end their own life”,

which would include

“recognising and taking account of the effects of depression or other mental disorders (within the meaning of the Mental Health Act 1983) that may impair a person’s decision-making”.

Is that perhaps a better definition?

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

That is helpful.