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Chamber

Meeting of the Parliament 11 March 2026 [Draft]

11 Mar 2026 · S6 · Meeting of the Parliament
Item of business
Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 3

Brian Whittle’s amendment 149, and consequential amendment 159, would require assessing doctors to make a person aware of the option of making an advance care directive, and they would work along with the consequential regulation-making power in amendment 303.

As I have said previously, I see a great deal of value in advance care directives. I am pleased that the amendment that Mr Whittle has lodged sets them out as an option rather than as a requirement for those seeking assistance. Advance care planning is a valuable tool in helping people to ensure that their wishes are understood and respected.

To deliver truly patient-centred care, people should be able to decide what care plans they have in place and what medical treatments they do and do not receive, including if they want to refuse treatments or palliative care. General Medical Council guidance already places a duty on doctors to provide relevant information to patients and to have a dialogue with them about the decisions that they may wish to make. It is relevant to note that the bill, as currently drafted, requires the registered medical practitioner to explain and discuss with the person, as far as is considered appropriate, the nature of the substance that might be provided to assist the person to end their own life, including how it will bring about death. The person will therefore be fully informed from the start and, in practice, that provision will likely facilitate a discussion between the person and their doctor about what should happen in all possible circumstances.

I am sure that Mr Whittle would agree that it will be important to ensure that there is clarity around what would happen should somebody change their mind, having submitted an advance care directive.

On balance, I support Brian Whittle’s amendments in this area and genuinely thank him for the power of work that he has done not just at stage 3, but also earlier, at stage 2, on the same issue.

In the same item of business

15:22
The Deputy Presiding Officer (Annabelle Ewing) SNP
The next item of business is stage 3 of the Assisted Dying for Terminally Ill Adults (Scotland) Bill. In dealing with the amendments, members should have the...
The Deputy Presiding Officer (Annabelle Ewing) SNP
Amendment 149, in the name of Brian Whittle, is grouped with amendments 159 and 303.
Brian Whittle (South Scotland) (Con) Con
Here we go again.The concern that I am trying to address with my amendments in this group is about the protection of patients and their wishes and the protec...
The Cabinet Secretary for Health and Social Care (Neil Gray) SNP
Taken together, the amendments in this group concern the matter of advance care directives.On amendments 149, 159 and 303, the Scottish Government would high...
Liam McArthur (Orkney Islands) (LD) LD
Brian Whittle’s amendment 149, and consequential amendment 159, would require assessing doctors to make a person aware of the option of making an advance car...
The Deputy Presiding Officer (Annabelle Ewing) SNP
I call Brian Whittle to wind up and to press or withdraw amendment 149.15:30
Brian Whittle Con
I say at the outset how disappointed I am to hear the Government’s position on this. Of course, the Government is right: advanced care directives are not leg...
Daniel Johnson (Edinburgh Southern) (Lab) Lab
Does Brian Whittle agree that this is not just about the particular circumstances that we are debating today? It is a good idea for us all to discuss with ou...
Brian Whittle Con
I absolutely agree with that. There is nothing contentious about offering an advance care directive in such situations. As Daniel Johnson rightly highlighted...
The Deputy Presiding Officer (Annabelle Ewing) SNP
The question is, that amendment 149 be agreed to. Are we agreed?Members: No.
The Deputy Presiding Officer (Annabelle Ewing) SNP
There will be a division. As this is the first division today in the stage 3 amendment stage, I will suspend the meeting for around five minutes to allow mem...
The Deputy Presiding Officer (Annabelle Ewing) SNP
We will now proceed with the division on amendment 149. Members should cast their votes now.The vote is closed.
The Minister for Drugs and Alcohol Policy and Sport (Maree Todd) SNP
On a point of order, Deputy Presiding Officer. I would have voted no.
The Deputy Presiding Officer (Annabelle Ewing) SNP
Thank you, Ms Todd. Your vote will be recorded.
The Cabinet Secretary for Constitution, External Affairs and Culture (Angus Robertson) SNP
On a point of order, Deputy Presiding Officer. I would have voted yes.
The Deputy Presiding Officer (Annabelle Ewing) SNP
Thank you, Mr Robertson. Your vote will be recorded.
ForAdam, George (Paisley) (SNP)Adam, Karen (Banffshire and Buchan Coast) (SNP)Beattie, Colin (Midlothian North and Musselburgh) (SNP)Boyack, Sarah (Lothian) ...
The Deputy Presiding Officer (Annabelle Ewing) SNP
The result of the division is: For 63, Against 52, Abstentions 4.Amendment 149 agreed to.
The Deputy Presiding Officer (Annabelle Ewing) SNP
Group 7 is on assessments, including support, of terminally ill adults. Amendment 150, in the name of Brian Whittle, is grouped with amendments 22, 23, 153 t...
Brian Whittle Con
I will start with amendment 22, which is a tidying amendment.The concern here is that those accessing assisted dying should be provided with all options of s...
Bob Doris (Glasgow Maryhill and Springburn) (SNP) SNP
My amendments in this group are on three main areas: first, on palliative care; secondly, on the requirements that are set out in the medical practitioner’s ...
Daniel Johnson Lab
So far in stage 3, there has been much discussion about the safeguards that might be provided for in the bill, but in reality that boils down to the judgment...
Brian Whittle Con
We are in agreement on this issue. As was raised yesterday, the importance of the doctor-patient relationship is unique. My concern is that that relationship...
Daniel Johnson Lab
I completely agree. It is important that good understanding is established. That cannot be achieved in a perfunctory way; it must be done in person. We do no...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP
I will comment on the face-to-face patient-doctor relationship, which Mr Whittle and Mr Johnson raised. I do not know whether Daniel Johnson agrees, but I su...
Daniel Johnson Lab
I agree with that. Sometimes, the nature and intensity of the diagnosis produce a very good-quality relationship, which is why, as I reflected at stage 2, th...
Bob Doris SNP
Daniel Johnson referred to my amendment 37, on the medical practitioner’s report. He appeared to be supportive of it, but he was concerned that such provisio...
Daniel Johnson Lab
Indeed, but I believe that my amendments would require that rationale. Rather than there being a full report, the rationale would be provided in the form of ...
Ross Greer (West Scotland) (Green) Green
With regard to Daniel Johnson’s amendment 9, where would the statement of dissatisfaction be recorded? Would it go into the patient’s medical record? If so—a...