Meeting of the Parliament 13 May 2025
First, I extend my thanks to Liam McArthur for introducing the bill. I think that every member, regardless of their personal view on the bill, would agree that Mr McArthur has undertaken careful and considered work on this complex, sensitive and emotive topic.
This debate is one of the most significant that we have faced during the current session of Parliament, and the vote is a matter of conscience for colleagues on all sides of the chamber. As you will be aware, Presiding Officer, colleagues will be wrestling with their individual consciences, recognising that there is no inconsequential choice before us today.
The Government has taken a neutral position on the bill at this stage—a decision that I outlined in my memorandum to the committee last year. As the Government’s lead minister for the bill, I feel that it is important that I reflect the Scottish Government’s position, and so, after careful consideration, I have taken the decision to abstain in the vote today.
I have paid close attention to the committee’s evidence gathering, and before I address the recommendations in the committee’s stage 1 report, I pay tribute to it for its diligent scrutiny. Although committee members will, of course, have their own personal views, they have put those to one side, listened dispassionately to the evidence and produced a sensitive and well-crafted report to assist MSPs in their deliberations. I thank members of the committee, those who gave evidence and the clerks for the service that they have given to us all.
The committee’s recommendations included considering how the bill would interact with all other key aspects of end-of-life provision and consulting with specialist bodies to ensure that capacity provisions in the bill are fair, do not discriminate and offer protection to vulnerable groups. Although I, on behalf of the Government, will remain neutral at this stage of the bill process, should the bill pass stage 1, we will engage sensitively and constructively on the issues that the committee has raised; the need to be demonstrably objective in that phase is a second explanation for my abstention today.
The committee raised the issue of legislative competence. I am pleased that Mr McArthur has acknowledged concerns around legislative competence and has sought to propose options for remedy in his policy memorandum. I know that Mr McArthur takes the issues of competence very seriously, and I give him and every member in the chamber my commitment that, should the bill pass stage 1, the Government will consider his proposals carefully and decide on the best route forward.
I would like to reflect on the recommendation concerning end-of-life care. Although I do not wish to conflate matters, knowing that palliative care can benefit people for many years and not just at the end of life, it is important to restate the Government’s commitment to ensuring that everyone who needs it can access well co-ordinated, timely and high-quality palliative care and care around dying. That commitment will remain paramount regardless of the outcome of today’s vote. There is not a choice of one or the other before us today, but rather a decision on the principle of assisted dying.
We are currently finalising the consultation analysis report on our draft strategy, “Palliative Care Matters for All”, and we will publish the final strategy and delivery plan this summer. The draft strategy focused on deliverable outcomes and actions that will help people of all ages get access to high-quality palliative care services, wherever they might be. It also focused on ensuring that our public services are sustainable, person centred and effective, particularly as the need for palliative care increases in years to come. The feedback from the consultation showed strong support for that person-centred approach, which will be reflected in the final strategy.
Palliative care that is delivered well can reduce hospital admissions and unnecessary treatment while improving outcomes for patients. That is why we want those who have responsibility for planning and delivery of health and care services to prioritise palliative care and invest in it some of the record £21.7 billion that we have put into health and social care services this year.
However, funding in isolation is not enough. We need everyone in Scotland to feel empowered to talk about living and dying well and to understand what services are available to them when they need them.
Whether or not we, as individuals, support the principles of the bill, we should be grateful for the spotlight that the debate has put on palliative care. I take this opportunity to put on record my gratitude to the NHS staff, hospice staff, community and social care staff and general practice staff who provide palliative care services across Scotland. They do a remarkable job.