McArthur sets out amendments to assisted dying bill

Liam McArthur MSP has today lodged a number of amendments to his Assisted Dying for Terminally Ill Adults (Scotland) Bill ahead of the Health, Social Care and Sport Committee beginning their Stage 2 scrutiny of the Bill on 4th November.  

The amendments lodged today respond both to points raised by the Committee's Stage 1 Report and the input and advice of medical, legal and care organisations Mr McArthur has met with in the months since his Bill passed its Stage 1 vote.

The amendments include clarifying that a person is not terminally ill only because they have a disability or mental disorder, that doctors can request information from health and social care professionals involved in treating a patient when considering if a person is eligible for an assisted death and that Scottish Ministers can determine the level of qualification and experience a registered medical practitioner or registered nurse performing the role of authorised health professional must have.

Additionally Liam McArthur MSP's amendments introduce the following provisions:

• A "no-duty to participate directly in assisted dying" clause for health care professionals. This replaces the previous conscientious objection provision in the Bill. Alongside the training that any health care professional will complete in order to undertake assisted dying provision, this has the effect of creating an 'opt in' system rather than it being the responsibility of medical professionals to 'opt out'.

• Extending the offence of coercion to cover all stages of the assisted dying process including administration of medication. Previously the new offence applied only to earlier stages in the application process. Adding to the offence already in the Bill of coercing or pressuring a terminally ill adult into making a first or second declaration, is a new offence of coercing or pressuring a terminally ill adult into using an approved substance.

• A duty on Scottish ministers to provide information to terminally ill adults, health and care professionals and the general public and to ensure that information is accessible and understandable.

• Inclusion on death certificates of the approved substance provided to an individual in addition to the terminal illness that contributed to their death.

Mr McArthur has also indicated that he will support an amendment from Sandesh Gulhane raising the age of eligibility to 18, having previously indicated that he would be open to bringing forward an amendment to this effect.

Liam McArthur MSP said:

"Now that Parliament has approved the principles of the Bill, the focus rightly shifts to safe and compassionate implementation. The amendments I have lodged today take on board the views of experts who will have a role in the delivery of extending the choice of assisted dying to terminally ill patients and address points that the Parliament's Health Committee wished to see clarified at this stage in the process.

"My intention is to work with MSP colleagues to ensure we can introduce a new law that extends choice to dying people who need it and introduces a range of safeguards which are sorely lacking at present.  

"Each amendment I have submitted underpins the Bill's driving principles of safety, compassion and choice. They balance the need for dying people to be able to access the option of assisted dying with strong protections put in place around that. They increase transparency around end of life care and decision making. They ensure that the decision of whether or not to participate in the process is firmly in the hands of individual medics by shifting from an opt out to an opt in system.

"I would also like to welcome the constructive amendments submitted by Sandesh Gulhane, Miles Briggs, Daniel Johnson and Emma Harper as well as the willingness of many other colleagues to work with me on this legislation.

"I am confident that together we will deliver the right law that improves end of life care for all in Scotland.