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Displaying 1316 contributions
Health, Social Care and Sport Committee
Meeting date: 12 November 2024
Paul Sweeney
That is helpful.
Health, Social Care and Sport Committee
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
Meeting date: 12 November 2024
Paul Sweeney
Does anyone else have a view on that point?
Health, Social Care and Sport Committee
Meeting date: 12 November 2024
Paul Sweeney
Please do.
Health, Social Care and Sport Committee
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
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
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
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
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
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?