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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 February 2025
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Displaying 1317 contributions

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Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Clare Haughey

As we are only halfway through our questioning, I will briefly suspend the meeting for a comfort break.

11:23 Meeting suspended.  

11:31 On resuming—  

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Clare Haughey

Welcome back. We will continue to take evidence from Liam McArthur and his accompanying witnesses. I refer members to my entry in the register of members’ interests, which states that I am employed as a bank nurse by NHS Greater Glasgow and Clyde.

I would like to explore a couple of issues with you, Mr McArthur, starting with conscientious objection. We have heard various arguments and questions at committee in relation to the conscientious objection clause in the bill—who it includes and what the clause extends to. Section 18(1) of the bill sets out that no one is

“under any duty ... to participate in anything authorised”

under the bill, if they have

“a conscientious objection”

to doing so. The bill does not prescribe to whom the conscientious objection would apply, but the policy memorandum indicates that it is intended to apply to doctors and other health care professionals who are involved in the process. There is some argument that the clause replicates a provision in the Abortion Act 1967 and is therefore likely to be interpreted in the same way by the courts. That would mean that the objection clause might extend only to those people who are directly involved in the process of assessing, prescribing and providing assistance. Could you perhaps clarify your thinking around that and who you envisage that the conscious objection clause would apply to?

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Clare Haughey

We will come to questions on that later. If we do not cover that, I will be happy to come back to you.

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Clare Haughey

Last week, a group of GPs in my constituency asked me a question that I was not able to answer. They asked whether there would be a duty for someone expressing that conscientious objection to refer a person requesting assisted dying to another assessor. Can you give me a definitive answer?

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Clare Haughey

I thank Mr MacArthur for his extensive evidence. I know that it has taken quite a substantial amount of time—more than we had anticipated—but the committee has certainly been able to ask the questions that were presented as a result of previous evidence.

I thank you and your witnesses, Mr McArthur. That concludes the public part of today’s meeting.

12:41 Meeting continued in private until 13:05.  

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Clare Haughey

I call Brian Whittle.

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Clare Haughey

Joe FitzPatrick has a supplementary question.

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Clare Haughey

I have a couple of questions in relation to court involvement. The bill before the UK Parliament makes provision for all assisted dying applications to be considered by the High Court for England and Wales. Court involvement was seen as an additional protection by some of the respondents to this committee’s call for views. Was that something that you considered?

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Clare Haughey

I have a point for clarification. I asked the cabinet secretary to clarify this last week, when he spoke about figures of just over £6 million on the basis of training 50 per cent of doctors, taking into account those who might wish to opt out of the scheme. Your figures are based purely on medical staff. They do not take into account pharmacy or nursing staff or any other allied health professional.

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 4 February 2025

Clare Haughey

The status of assisted dying as a reasonable treatment option in Scotland is unclear and there have been calls for that to be addressed directly in the bill. If assisted dying is considered to be a reasonable treatment option, doctors would have a duty to discuss it with patients in appropriate situations, regardless of any conscientious objection to the practice that they might have. How do you respond to that?