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Committee

Health, Social Care and Sport Committee 11 November 2025

11 Nov 2025 · S6 · Health, Social Care and Sport Committee
Item of business
Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2
Johnson, Daniel Lab Edinburgh Southern Watch on SPTV

Those points are well made, but we must be clear about what amendment 66 would do and, critically, where it comes from. Jackie Baillie’s amendments were drafted in conjunction with the British Medical Association and other professional bodies, so it is not MSPs who are asking for this but the profession itself, because doctors are concerned about the very points that I am setting out. Furthermore, amendment 71 states plainly that the regulations “must” be made in consultation

“with trade unions and professional bodies”.

Such matters are always about balance, but the medical profession and medical practice are highly regulated. It is not true that the law has nothing to say about medical practice or that it does not set out standards, review periods and expectations about training, because it does. Amendment 71 would require ministers to put in place regulations that set out training requirements and professional standards, which would be kept under review.

Amendments 66, 68, 70 and 72 are largely consequential. In addition to the medical and clinical considerations, amendment 71A sets out the need to consider domestic abuse. There has been a great deal of concern about the possibility of individuals facing undue pressure or coercion by third parties. Amendment 71A was drafted in consultation with Dr Anni Donaldson, an academic who is an expert on domestic abuse. It is important that any such training takes account of the dynamics of how domestic abuse can take place, how to respond effectively when that may be in play, and how treatment can be offered in such circumstances.

Amendment 49 was drafted in consultation with CHAS, which Liam McArthur referred to. Although CHAS operates in Jackie Baillie’s constituency, its office is in my constituency. I do not know whether that is a declaration of interest, but there is certainly an overlap.

It is true to say that the way in which terminal illnesses manifest in young people can be substantially different in how patients are treated and the nature of those illnesses. Understanding the prognoses requires a great deal of attention.

It is right that we think about how the provisions in the bill might extend to younger people—they will find themselves in a very different set of circumstances from the bulk of the people who we think of as being in this cohort, who will be substantially older. Amendment 49 therefore seeks to add specific training requirements for those who will consult young adults and younger people and assess the degree to which the illness is terminal, advanced and progressive. The amendment would require additional qualifications and understandings on that.

In the same item of business

The Convener SNP
Our third agenda item is day 2 of stage 2 proceedings on the Assisted Dying for Terminally Ill Adults (Scotland) Bill. I welcome to the meeting Liam McArthur...
Liam McArthur (Orkney Islands) (LD) LD
Good morning. I start with a declaration of interests and remind the committee that I receive support from three separate campaign organisations—Dignity in D...
Pam Duncan-Glancy (Glasgow) (Lab) Lab
If a similar amendment was brought back at stage 3 and it included the co-ordinating practitioner and the independent practitioner, would the member support it?
Liam McArthur LD
There is an issue with the amendment not referring to both roles. However, my principal concern is about how appropriate it would be to put that level of det...
Pam Duncan-Glancy Lab
I understand the concerns around that. However, most of those things are very important. The member will know that, if something is not in legislation, it be...
Liam McArthur LD
The issues that are highlighted in the amendment are extremely important and they will be crucial in relation to the assessments that are made of particular ...
Paul Sweeney (Glasgow) (Lab) Lab
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 t...
The Convener SNP
I call Daniel Johnson to speak on behalf of Jackie Baillie to amendment 66 and other amendments in the group.
Daniel Johnson (Edinburgh Southern) (Lab) Lab
I will be speaking to a number of Jackie Baillie’s amendments today, and I ask members to bear with me as they hear more than they might have expected to hea...
Sandesh Gulhane (Glasgow) (Con) Con
I declare my interest as a practising general practitioner in the national health service. It will be for the medical profession to deal with implementing t...
Daniel Johnson Lab
Those points are well made, but we must be clear about what amendment 66 would do and, critically, where it comes from. Jackie Baillie’s amendments were draf...
Pam Duncan-Glancy Lab
Amendment 225 would make provision about training for medical practitioners who are providing assistance. It specifies that medical practitioners must undert...
Bob Doris (Glasgow Maryhill and Springburn) (SNP) SNP
Ms Duncan-Glancy is making a powerful case. Better training for the practitioner who takes someone who is seeking assisted dying through the process is, of c...
Pam Duncan-Glancy Lab
Both would be required. There are amendments in later groups—including amendments in my name and, I think, in the member’s name—that would cover that. Amendm...
Sandesh Gulhane Con
I want everyone to live their best life. I want people with disabilities to live their best life. Your amendments seek to get people with disabilities in fro...
Pam Duncan-Glancy Lab
The member is right, which is why we should be legislating to make it easier to choose to live than to choose to die. We have a bill in front of us that is n...
Brian Whittle (South Scotland) (Con) Con
I welcome Liam McArthur’s offer to engage in developing amendments. I restate that I am undecided about my position at stage 3. In considering all amendments...
Elena Whitham (Carrick, Cumnock and Doon Valley) (SNP) SNP
I am wondering about the potential for there to be a lot of missing context should the second medical practitioner not have access to the original notes. Wou...
Brian Whittle Con
For absolute clarity, up to the point of a declaration that the patient wished to seek assisted dying, all the notes would be readily available. Once the ass...
The Convener SNP
I have concerns about what Brian Whittle is proposing, given that, after the first declaration, there might be a change in a patient’s clinical circumstances...
Brian Whittle Con
My overriding concern is that, if we are asking two independent medical practitioners to make a consideration, they must be able to come to the same conclusi...
Sandesh Gulhane Con
I, too, want to focus on the notes aspect. I have a couple of questions. First, are you saying that only the notes of the first person who has made their ass...
Brian Whittle Con
I thank Sandesh Gulhane for his intervention. As it comes from the perspective of a medical professional, it is really helpful. To clarify, my response to hi...
Liam McArthur LD
I thank all colleagues for their contributions. To touch on the points that Brian Whittle has just made, I certainly understand his intent. However, for reas...
Daniel Johnson Lab
I am grateful for your reflections on those points. Do you acknowledge that the amendments that have come from the professional bodies themselves reflect a n...
Liam McArthur LD
I take that point entirely. Those representations have facilitated the debate around the issues that need to be picked up in training. However, I question wh...
Sandesh Gulhane Con
I just want to clarify that the law does not give ministers, either at Westminster or here, powers over postgraduate training. That is deferred to the GMC an...
Liam McArthur LD
I thank Sandesh Gulhane for making that point and I agree with him. I welcome Bob Doris’s intervention, because he shone a light on the interplay between th...
Elena Whitham SNP
I have a lot of sympathy with Jackie Baillie’s amendments, not least those related to domestic abuse, given that I used to work for Scottish Women’s Aid. How...
Liam McArthur LD
That is a helpful issue to raise, and that is why we need the training requirement to be developed by those who are operating in the area. There will be area...