Health, Social Care and Sport Committee 11 November 2025
In this group, I will address two sets of amendments—three of the amendments deal with capacity, and two deal with practicalities. I will therefore address them in their two sections.
In relation to the capacity amendments, which are amendments 224, 230 and 34B, I note that assessing capacity is an extremely complex task that requires specific expertise and careful judgment. That is one of the reasons why the Medical and Dental Defence Union Scotland has recommended the creation of a multidisciplinary panel. It also means that we need to be clear about who is qualified to make those assessments in the first place.
Amendments 224, 230 and 34B would legally require, rather than simply allow, the Scottish ministers to set out by regulation the qualifications and experience that are needed for doctors taking part in the assisted dying processes. That would ensure that only appropriately trained and experienced practitioners were involved, strengthening the safeguards for both patients who seek to access the service and participating clinicians.
The amendments are about giving clinicians the tools and confidence that they need to carry out their duties responsibly, and ensuring that patients receive careful assessment. Amendments 224 and 230 therefore propose to leave out “may” and insert “must”, which would strengthen the language.
I note Mr McArthur’s comments on his amendment 34 and I am happy to rest on those at this stage, depending on further discussions.
Turning to practicalities, my amendments 254 and 255 seek to strengthen the practical framework for administering assisted dying safely and responsibly. The amendments would require the Scottish ministers to provide proper training for doctors. That would guarantee a high standard of care, creating a better working environment for medical staff and reassurance for patients. Together, those measures would ensure safety and consistency during the most sensitive stage of any assisted dying process.
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