The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1027 contributions
Health, Social Care and Sport Committee
Meeting date: 12 November 2024
Brian Whittle
Good morning. I appreciate the witnesses giving up their time to be here. I want to chat about the definition of “capacity” in the bill. Under the bill, it must be established that patients
“are not suffering from any mental disorder which might affect the making of the request”.
It strikes me that any terminal diagnosis will have some sort of mental health impact. In those circumstances, does the definition of “capacity” in the bill have the effect of excluding anyone with a mental disorder? How do we square that circle in relation to the definition of “mental disorder”?
Health, Social Care and Sport Committee
Meeting date: 12 November 2024
Brian Whittle
Dr Neal has just said that doctors make decisions about capacity on a daily basis. In talking about the definition of capacity, and given what we are discussing, is that element of subjectiveness a problem?
Health, Social Care and Sport Committee
Meeting date: 12 November 2024
Brian Whittle
Good morning. I think that the bill as drafted means that if you are going to access assisted dying, it has to be self-administered. That brings up the question of continued capacity throughout the whole process. Let us say that you decide that this is your direction of travel. You have a degenerative illness that you know will bring you to a position where self-administering will become more and more difficult. Is there a danger that that rushes people into making a decision and into accessing assisted dying before they potentially would like to?
11:30Health, Social Care and Sport Committee
Meeting date: 12 November 2024
Brian Whittle
Do I have time to ask another question, convener?
Health, Social Care and Sport Committee
Meeting date: 12 November 2024
Brian Whittle
Dr Earle, I am looking for clarity on how we consider conditions such as Alzheimer’s. Someone who was deemed to have capacity to make the decision might develop a degenerative condition such as Alzheimer’s, which might mean that they slip below the level at which someone is deemed to have capacity. Where does the bill sit in that regard?
Health, Social Care and Sport Committee
Meeting date: 11 November 2024
Brian Whittle
I see Dr Green nodding in agreement.
Health, Social Care and Sport Committee
Meeting date: 11 November 2024
Brian Whittle
Dr Coelho, do you have anything to add?
Health, Social Care and Sport Committee
Meeting date: 11 November 2024
Brian Whittle
Thank you, Dr Coelho and Dr Green, for taking the time to speak to us. My question, which is a brief follow-up to my colleague’s question, concerns something that Dr Green hinted at. If a patient who presents to a doctor asks for MAID, is the doctor required to suggest palliative care as an alternative option? If so, is that requirement universal across Canada? I ask Dr Coelho to respond first.
Health, Social Care and Sport Committee
Meeting date: 11 November 2024
Brian Whittle
I will be brief. If we have time at the end, I will try to come back in with some other questions.
Dr Coelho, you brought up the issue of capacity to make the decision. In relation to people with dementia who may lose capacity towards the end of their life, is there any provision under the assisted dying law in Canada for people to put in place an advance directive for a situation where they lose capacity as their condition deteriorates?
Health, Social Care and Sport Committee
Meeting date: 11 November 2024
Brian Whittle
It has been very helpful to hear two different sides of the argument. Thank you both for that.
One thing that has just been raised is coercion, as well as what might almost be coercion to prevent people taking part in MAID. Has there been any legal response, or have there been any legal cases after a patient has accessed MAID? Are there any figures on that?