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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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Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

The financial memorandum to the bill estimates that there will be 25 assisted deaths in the first year, rising to 400 deaths by year 20. That is also based on an assumption that 33 per cent of people who enter the process will not proceed. Do those projections seem like a workable caseload?

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

I turn to the issue of capacity, which we have discussed to some extent already. Does either of you have any concerns about the ability of non-psychiatric doctors to assess the capacity of people seeking an assisted death?

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

I thank our witnesses for joining us this morning.

I want to begin with the crossover or interface between mental and terminal illness. The bill, as introduced, states that, to be eligible for assisted dying, the person must have the mental capacity to make the request for an assisted death. Included in the definition of capacity is that a person should not be

“suffering from any mental disorder which might affect the making of the request”,

with “mental disorder” defined under section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 as

“any ... mental illness ... personality disorder; or ... learning disability”.

How common is it for people facing the end of their lives to be suffering from mental health problems such as depression and anxiety?

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

Are you concerned that “mental illness”, as defined in the 2003 act, would be a disqualifying criterion?

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

To what extent are you satisfied that the process set out in the bill adequately facilitates what is needed to assess an individual’s capacity to seek assisted dying? Are you content that the bill as introduced has sufficient definitions of a process and the safeguards?

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

Your view is that the language should be strengthened to place an obligation.

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

I presume that, if there were such strengthening of language in the bill, extra demand would be placed on psychiatry services in Scotland. What is your assessment of the impact that that would have on the psychiatry workload in Scotland. How practical might that be?

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. Thank you.

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

Would you like the Scottish bill to be amended along the lines of what is drafted in clause 4 of the UK bill, to insert that explicit requirement?

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

Section 22 of the bill, which is about the limitations of the bill, refers to the

“regulation of the health professions”

and to reserved competence. Is there an implication there for the regulation of medical professions?