Assisted Dying for Terminally Ill Adults Bill
(Scotland)
When Liam McArthur MSP released his “draft proposal” for an Assisted Suicide Bill in 2021, many assumed that he had released an actual Bill. McArthur did little to disaffect people of that notion!
Now — a mere 2.5 years later — McArthur has tabled the “Assisted Dying for Terminally Ill Adults (Scotland) Bill” in the Scottish parliament, Holyrood. (As of today, it is available on their web-site.)
McArthur looks like he was running a “Long Game” hoping to wear out the opposition — my guess is that now he would like “A Gimme!” (See my 2021 CA article “A Scottish tale of Assisted Suicide” below.)
(Click on image to follow link to “A Scottish tale of Assisted Suicide”: CA 2021)
McArthur tabled the Bill right before the Scottish parliament’s Easter break. The release has been muted, considering previous fanfares.
Also, McArthur’s Bill follows the release of 3 documents on Assisted Suicide/Euthanasia in other jurisdictions: Ireland, Mann and Jersey. This can be no coincidence. (See below.)
(Click on image to follow link to “Is Dignity in Dying the Puppetmaster?”: CA 2024)
This ‘sleight-of-hand’ is now a familiar ploy: look at how they released the results of the Consultation Document THE DAY Queen Elizabeth II died on 8 September 2022.
Tacky.
DEFINITIONS
Assisted Suicide [AS]: the health care worker gives the person a poison to take — usually orally — with the express intent of killing themselves.
Voluntary Euthanasia [VE]: the health care worker administers the poison directly with the intent of killing the person — usually IV.
WHAT DO WE NEED TO KNOW?
First, is whether the Bill only allows for Assisted Suicide [AS] or whether it includes a route/choice for Voluntary Euthanasia [VE.]
Then there are several pertinent issues: What safeguards are there? What protection for Conscientious Objectors? Is there a routine review by a Tribunal/Judge/Justice/Court? Is there an Appeal Process for family and friends who suspect cognitive impairment, coercion, duress, etc.? What is the “Period for reflection” so an applicant has time to reconsider the fatal decision? Can the Bill be modified, allowing for easy expansion?
ASSISTED SUICIDE &/OR EUTHANASIA?
The Bill only allows for Assisted Suicide.
SAFEGUARDS
In 2021, McArthur claimed his Bill would have “vitally important safeguards…”
Right: the safeguards in this Bill are some of the flimsiest I have seen in any jurisdiction. Remember that Dignity in Dying with Friends at the End and the Humanist Society, Scotland funded this Bill. (They paid for the staff person in McArthur’s office to draft the legislation. See below.)
(Click on image to follow link to CA article)
The decision to have a Scot kill themselves with legal assistance can be made by two doctors — and those two doctors alone. [The “coordinating registered medical practitioner” and the “independent registered medical practitioner.”]
Canada has shown that many physicians are… “inclusive” in their approach to Assisted Suicide and Euthanasia.
CONSCIENTIOUS OBJECTION
This section consists of a whole 5 lines in 2 clauses…with the second clause being a warning!
Reading this gives me no hope for Scottish conscientious objectors. (They may not have “a duty to participate” …but every job can require the provision of AS.)
REVIEW BY TRIBUNAL OR JUDGE
There is no PRE-mortem review by a Tribunal/Judge/Justice or Court.
APPEAL PROCESS
There is no Appeal Process for family & friends who suspect cognitive impairment, coercion, duress, etc.
PERIOD OF REFLECTION
The average Period of Reflection is 14 days, though it can be lowered to a minimum of 2 days in dire circumstances.
MODIFICATION
Naturally there must be some ability to change forms and basic requirements, as in:
That said, it appears that the Bill includes clauses which allow for it to be completely re-written and modified.
This may be the intent and could allow for rapid modification of the Bill and lead to the Slippery Slope/Escalator, (depending on your view.)
This is happening in Canada.
SNEAKY CLAUSES
The sneakiest issue is the definition of ADULT:
In this Act — “adult” means a person who is aged 16 or over…
** This means that a 16-year old could apply for Assisted Suicide AND the witness to their application can be another 16-year old. **
Really, Scotland? 16??
“Connected Purposes”
An Act of the Scottish Parliament to provide for the lawful provision to terminally ill adults of assistance to voluntarily end their own lives; and for connected purposes.
What are “connected purposes” exactly??
Non-citizens can be assisted.
…are ordinarily resident in Scotland and have been so resident for at least 12 months…
No General Practitioner / Family Doctor means no assistance.
…are registered as a patient with a medical practice in Scotland
Referrals for Palliation, Mental Health, etc. are optional.
GOOD CLAUSES
The applicant must:
…provide two forms of proof of identity to the coordinating registered medical practitioner and the witness.
Also, a Proxy can sign on behalf of an applicant, but these are limited to:
…a solicitor who has in force a practising certificate as defined in section 4(c) of the Solicitors (Scotland) Act 1980, a member of the Faculty of Advocates, a justice of the peace in Scotland.
ADDITIONAL OMISSIONS
Curiously, there is NO requirement for an attestation that the applicant is suffering in any way! Nor does either of the assessors have to document the distress or suffering.
The applicant can be barred from assistance if coerced by a person:
…is requesting provision of that assistance voluntarily and has not been coerced or pressured by any other person into doing so.
This means that there is no bar to coercion from an agency like the government or Health Services (such as a lack of social support, income or adequate/timely health care — as is happening in Canada.)
The Bill says nothing as to how the applicant is to make contact with the coordinating registered medical practitioner. It avoids the question of an “effective referral” from the attending doctor (as in Ontario, Canada) or whether there is a self-referral process (as exists in Alberta, Canada.)
There is no documentation on the Death Certificate that the death was by suicide / assisted.
CONCLUSION
Please note that I am reviewing the highlights from this Bill: it is not an exhaustive critique.
If you are resident in Scotland and disagree with this Bill, please call your Member of the Scottish Parliament / Pàrlamaid na h-Alba. Contact information is available at:
https://www.parliament.scot/msps/current-and-previous-msps
Alba gu bràth
Kevin Hay
You can follow Kevin on 𝕏 @kevinhay77