Meeting of the Parliament 13 May 2025
I thank the cabinet secretary for those questions—which, again, were raised during evidence to the Health, Social Care and Sport Committee. On delivery, there has been much discussion about whether there would be an opt-in or an opt-out model of care. I am reasonably relaxed about that but would need to understand how an opt-in model might work. As happens across the board at the moment, health and care are delivered in a way that meets the needs and circumstances of different parts of the country. The decision on how best to deliver would be for the respective health boards, working alongside partners.
On fluctuating capacity, there are questions around capacity as a whole. The medical profession consistently wrestles with that issue at the moment and, ultimately, any legislation would need to reflect that. However, as I have said, there would need to be a determination that there was the capacity to understand the consequences of the decision that was made, not just at the point at which the request was made but at the point at which medication was provided. If it is felt that additional safeguards are necessary to ensure that that happens, that individuals have the protection that they need but that access is available, I am open to looking at those.
Importantly, it appears—as polls confirm—that a sizeable majority in the disability community support a change in the law every bit as strongly as the population as a whole. That said, I am committed to continuing to engage with Ms Duncan-Glancy and, if they wish, the three groups that have been most vocal in their opposition to the bill, to see what might be done at stage 2 to allay those concerns as far as possible.