McArthur welcomes additional safeguards to Assisted Dying bill

12 Mar 2026

Liam McArthur MSP has today welcomed the addition of further safeguards to his Assisted Dying for Terminally Ill Adults bill.

The bill is currently undergoing the stage three amendment process, with more than 300 amendments being given consideration.

Additional safeguards backed by MSPs include:

When a terminally ill person makes a first declaration, they may request to be provided with a palliative care support plan.
That the person has accessed, or has been given information about, palliative care, in addition to social care
Changing the definition of coercion, removing 'by another person' to ensure that coercion encompasses a wider range of circumstances.
That assessments must be done in person, and the doctor must have met the person on more than one occasion.
That doctors must discuss the range of palliative care options available to the person, make sure the person understands these options, and records that the discussion has taken place
That doctors carrying out assessments must enquire and discuss any indirect pressure that might limit the person's ability to decide freely to request an assisted death.
That doctors carrying out assessments must discuss with the person whether their request for assisted dying is free from direct, indirect or internal coercion, pressure or undue influence. They must also discuss with the person whether they feel like a burden or experiencing financial pressure influencing their decision.
That doctors carrying out assessments must discuss with the person their diagnosis, prognosis, treatment options, palliative, hospice and other care available including symptom management and psychological support, and the nature of the assisted dying substance. The doctor must also advise the person to inform a medical professional in their registered medical practice and advise them to discuss the request with those close to the person.
Requiring that if there is any doubt that the person is terminally ill and is expected to die within 6 months, that they are referred to an expert for assessment
Doctors carrying out assessments must have regard to professional guidance on decision making, including the impact of indirect pressure and other factors affecting free choice.
There will be mandatory involvement of a social work professional and psychiatrist in the assessment of any terminally ill adult who is under 25 and has a disease of a fluctuating nature or unpredictable prognosis.
If the assessing doctor feels that the terminally ill person hasn't been provided with or offered appropriate palliative care (or if they think the request is being of uncontrolled symptoms or fear of symptoms), then they must refer the person to a palliative care specialist. The person cannot have their request for assisted dying rejected because they refuse a palliative care assessment. However, the doctor can take into consideration their refusal.
Doctors carrying out assessments must, if they consider appropriate, advise the person that they can be referred to social work or mental health services
During the assessment, the doctor must carry out as assessment in private to make sure the person is acting voluntarily. They must consider direct and indirect coercion.
The person seeking assistance to end their life must only be doing so as a consequence of their terminal illness alone and not for any other reason.
Doctors making assessments make a request to the persons local authority as to whether they are being provided with social or mental health care.

On Tuesday Liam McArthur MSP supported an amendment brought forward by Daniel Johnston MSP to add a prognosis period of six months to the eligibility criteria outline in the Bill. He acknowledged that including a prognosis timeframe would bring Scotland in line with other assisted dying laws internationally, as well as with the provisions set out in the Bill currently being debated in Westminster, and the Bill recently passed in Jersey.

Liam McArthur MSP said:

“We have seen a large number of amendments passed that bring further clarity and assurance to dying people, the public and MSPs that the bill will make assisted dying a safe and compassionate end of life choice for dying Scots who need it.

“I thank my colleagues for the time and care they have taken and their support for amendments which reflect the evidence that has been heard over the course of the bill’s passage through parliament.

“I hope that I have taken a collaborative approach to this bill, seeking out consensus around how we deliver a robustly safeguarded approach to assisted dying and I am pleased to see that this is indeed the result. This is now the most heavily safeguarded assisted dying law anywhere.

“With these measures in place, MSPs can vote with confidence knowing that this is a bill which gives terminally ill Scots the compassionate choice of an assisted death should they want one, while significantly increasing protections for all.”