Third bill for assisted suicide proposed in Scottish parliament

Terminally ill people in Scotland may be given the right to assisted suicide under new legislation that has received cross-party support in Holyrood.

Proposals put forward by Liberal Democrat MP Liam McArthur would allow assisted dying for adults who are both terminally ill and mentally competent.

If passed, the law would allow people who have lived in Scotland for at least a year to access medication to take their own lives if two doctors are satisfied that they have met certain safeguards.

The proposed Assisted Dying Scotland Bill, which is being lodged on Monday, is the third attempt to pass legislation on assisted suicide in Scotland. Previous bids to introduce assisted suicide were voted down in Holyrood in 2010 and 2015.

This latest legislation has received support from a cross-party group of a dozen MSPs as well as Dignity in Dying Scotland, Friends at the End and the Humanist Society Scotland.

The group of MSPs, which includes former Scottish Conservative leader Jackson Carlaw and Green co-leaders Patrick Harvie and Lorna Slater, has argued Scotland needs to change its laws on assisted dying so that those who are terminally ill can “be assured of dignified death”.

In an open letter, the MSPs said: “The current law does not work and should be replaced with a safe and compassionate new law that gives dying people the rights they need to have a good death at a time that is right for them. We know there is a problem and it is incumbent upon us to provide a solution.”

Alyson Thomson, director of Dignity in Dying Scotland, said the bill would represent “a watershed moment for dying Scots”, adding: “Momentum on changing the law to allow our dying citizens the right to a peaceful assisted death has been building and it is clear that the current blanket ban is unjust and unsustainable.”

Mr McArthur’s proposed bill aims to legalise assisted dying as a choice for adults who are both terminally ill and mentally competent.

The Lib Dem MSP for Orkney said: “I have long believed that dying Scots should be able to access safe and compassionate assisted dying if they choose, rather than endure a prolonged and painful death.

“The current blanket ban on such assistance is unjust and causes needless suffering for so many dying people and their families across Scotland.

“If you have reached the limits of palliative care and face a bad death, none of the current options available to you in Scotland represent an acceptable alternative to a peaceful, dignified death at home.”

Almost nine out of 10 Scots (87 per cent) are said to support the introduction of such legislation, he added.

He continued: “Emerging from the pandemic, we have an opportunity to take the actions required to make sure that the end of our lives is more compassionate, fairer and more reflective of a dying person’s choice. We have the ability to create a new standard for how we die.”

The two previous failed bids to introduce assisted suicide in Scotland were brought forward by independent MSP Margo MacDonald, with Mr Harvie taking forward the second Bill following her death from Parkinson’s disease in 2014.

In 2015, MSPs voted by 36 to 82 against the Assisted Suicide (Scotland) Bill after an emotional debate where members were allowed a free vote “according to their conscience”, rather than on party lines.

At the time, the Scottish government had not backed the bill, while supporters said the plan had widespread public backing. Critics, however, argued a change in the law would be unethical.

After the vote, Mr Harvie said he hoped the government would “recognise the strong demand for clarity in law”. He added: “It’s clearly a disappointment that the Bill will make no further progress. The significant support in the chamber reflects the clear public desire for people to have choice and for the law to be clarified.

“I know many supporters of assisted suicide will now be hoping that the Lord Advocate issues prosecution guidance and that the Scottish government considers alternative approaches to the problem.”

This latest bill will be lodged at Holyrood on Monday with a consultation on its contents expected to take place in the autumn.

In England and Wales, the Suicide Act 1961 makes it an offence to encourage or assist a suicide or a suicide attempt, while in Scotland it is not illegal to attempt suicide but helping someone to take their life could lead to persecution.

Assisted suicide is legal in Luxembourg, the Netherlands, Belgium and Switzerland.