Meeting of the Parliament 10 March 2026 [Draft]
I would like to set out to Parliament the Scottish Government’s position on stage 3 of Liam McArthur’s Assisted Dying for Terminally Ill Adults (Scotland) Bill.
The Scottish Government remains neutral on the bill. We also consider that we have a duty to assess the technical, legal and deliverability implications of amendments in terms of whether the bill would be workable in practice if passed. We therefore published a commentary on some amendments at stage 2 and a similar document on the stage 3 amendments yesterday. That approach reflects the Government’s neutral position as we provide no comment on ethical matters; that is for MSPs to decide on.
However, we consider that members should be made aware when there are implications for deliverability or for the public purse in relation to some amendments being agreed to and forming part of the final bill, if passed.
It is my intention to speak only in relation to amendments where the Scottish Government has identified potential issues to do with legislative competence or significant legal or deliverability challenges, including where it is felt that amendments will have major financial implications.
On some amendments, I will speak to where Scottish Government work is already in progress. I will also speak to my amendments, which were lodged in consequence of the section 30 order that the Parliament approved last month.
As Parliament is aware, it is the Scottish Government’s view that the bill in its current form is outside the legislative competence of the Scottish Parliament and that there is a responsibility to maintain the integrity of the devolved statute book. Therefore, in relation to the stage 1 vote and the wishes of this Parliament, and in recognition of the fact that the Scotland Act 1998 order process is intergovernmental, I committed to engage with the United Kingdom Government to try to address the legislative competence issues that were identified. That engagement has taken place in good faith, and the amendments that I have lodged—as well as some that I have provided to Mr McArthur—are the outputs of that.
For my part, I have lodged amendments that I deem necessary and consequential to the section 30 order that has been agreed by the Scottish and UK Governments to cover the identification and regulation of substances and medical devices for use in assisted dying.
I am of the view that section 18 should be removed from the bill in its entirety, as the provision may relate to the H1 employment reservation, and possibly to the G2 regulation of health professions reservation, of the Scotland Act 1998. Likewise, I am of the view that the training provisions in the bill should be removed, as they may relate to the G2 reservation.