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Chamber

Meeting of the Parliament 12 March 2026 [Draft]

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

My amendments 94, 65 and 68 relate to the issue of signing by proxy. The bill would allow a proxy to sign a first or second declaration form on behalf of a patient who is unable to do so. I put on record my thanks to the Law Society of Scotland for its advice and engagement on those matters.

Amendment 94 would change section 12(4)(a) to the effect that a proxy would not be able to sign a declaration unless the proxy

“has read the declaration to the person making it”.

The amendment seeks to address concerns from the Law Society that the provision as it stands, which requires the proxy to be

“satisfied that the person understands the nature and effect of the making of the declaration”,

could imply more extensive assessment and be open to legal challenge. My intention was always for the signing proxy merely to stand in place of the terminally ill adult who is unable to sign for themselves.

In response to concerns raised, amendment 94 would have the effect of requiring the proxy to read out the declaration and then sign it in the presence of the adult. That would change the proxy’s position to a facilitative one for an adult who is unable to sign their own name. I am satisfied that that would address the concerns that have been raised while allowing the provision to work as intended.

Amendments 65 and 68 respond to a Delegated Powers and Law Reform Committee recommendation that the affirmative procedure should apply to regulations under section 12(5)(e).

The other amendments in the group—amendments 190 and 191, in the name of Jeremy Balfour, and amendment 192, in the name of Fergus Ewing—stem from a misunderstanding of the purpose and role of the proxy in the bill. Amendment 191 seeks to add various criminal offences into the proxy provisions. However, I again make it clear that the purpose behind those provisions is simply to allow a person who cannot sign a first or second declaration for themselves to ask a proxy to do it for them, and that the bill provides clear rules on who can and cannot be a proxy.

I also note the Government’s concerns about competence in relation to amendment 191 and the reservation of employment rights. There are no risks here of behaviour to criminalise. It is still the requesting person who makes the declaration, with a proxy standing in for the signing. The declarations must also be signed and witnessed by others, as is set out in the bill. A person must be assessed as eligible by two doctors acting independently. Then, after a second declaration is signed and witnessed, the terminally ill adult must request provision of the substance and decide whether to use it.

Mr Ewing’s amendment 192 would reinsert a required role for a solicitor, which is the issue that the Law Society of Scotland first sought to have me address. I therefore cannot support amendment 192, although I understand and sympathise entirely with Mr Ewing, who finds himself in the same position that I found myself in when I was drafting my bill.

I move amendment 94.

In the same item of business

14:58
The Deputy Presiding Officer (Annabelle Ewing) SNP
The next item of business is stage 3 proceedings on the Assisted Dying for Terminally Ill Adults (Scotland) Bill. In dealing with the amendments, members sho...
The Deputy Presiding Officer (Annabelle Ewing) SNP
Group 9 is on signing by proxy. Amendment 94, in the name of Liam McArthur, is grouped with amendments 190 to 192, 65 and 68.15:00
Liam McArthur (Orkney Islands) (LD) LD
My amendments 94, 65 and 68 relate to the issue of signing by proxy. The bill would allow a proxy to sign a first or second declaration form on behalf of a p...
Jeremy Balfour (Lothian) (Ind) Ind
Amendment 190 relates to section 12 and concerns the responsibilities and potential criminal liability of proxies who are involved in the assisted dying proc...
Jamie Hepburn (Cumbernauld and Kilsyth) (SNP) SNP
I am genuinely open minded on the issue and understand the point that has been made, but I wonder whether amendment 191 is strictly necessary, as there is no...
Jeremy Balfour Ind
That is a fair point, but I am seeking to introduce a safeguard. Several decades ago, when I was a trainee solicitor, I would be passed a file and told to go...
The Deputy Presiding Officer (Annabelle Ewing) SNP
I call Stephen Kerr to speak to amendment 192, in the name of Fergus Ewing, and other amendments in the group.
Stephen Kerr (Central Scotland) (Con) Con
I am pleased to present amendment 192 on behalf of Fergus Ewing. The amendment would introduce a simple but crucial safeguard by requiring that any declarati...
The Cabinet Secretary for Health and Social Care (Neil Gray) SNP
On amendment 190, the Scottish Government has noted several issues. First, the liabilities set out in the amendment do not follow standard procedure. For rea...
Ross Greer (West Scotland) (Green) Green
I share the Government’s concerns about the drafting of the amendment, but Mr Balfour’s key point—that there should be consequences if someone is essentially...
Neil Gray SNP
Mr Greer makes a fair point, on which I cannot comment. It is an area that I have not been voting on and that I have not passed comment on, because it involv...
Jeremy Balfour Ind
I thank the cabinet secretary for his helpful remarks.I am not concerned only about solicitors and proxies opting out. Is the cabinet secretary able to give ...
Neil Gray SNP
Unfortunately, that is the best that I can put on the record, because that issue will be subject to discussion and negotiation. We cannot provide a guarantee...
The Deputy Presiding Officer (Annabelle Ewing) SNP
I invite Liam McArthur to wind up and to press or withdraw amendment 94.
Liam McArthur LD
I thank Jeremy Balfour and Stephen Kerr for setting out the rationale for the amendments that they spoke to, and I thank the Scottish Government for identify...
Jamie Hepburn SNP
I understand Mr McArthur’s point that amendment 94 reflects the Law Society of Scotland’s concerns. However, I think that the present wording of section 12(4...
Liam McArthur LD
The Law Society was concerned that the relationship that would be required between the proxy and the individual requesting an assisted death would be more ex...
The Deputy Presiding Officer (Annabelle Ewing) SNP
The question is, that amendment 94 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 of today’s stage 3 proceedings, I suspend the meeting for around five minutes to allow members to acce...
The Deputy Presiding Officer (Annabelle Ewing) SNP
We come to the vote on amendment 94. Members should cast their votes now.
ForAdam, George (Paisley) (SNP)Adam, Karen (Banffshire and Buchan Coast) (SNP)Beattie, Colin (Midlothian North and Musselburgh) (SNP)Briggs, Miles (Lothian) ...
The Deputy Presiding Officer (Annabelle Ewing) SNP
The result of the division is: For 64, Against 52, Abstentions 4.Amendment 94 agreed to.Amendments 190 and 191 not moved.Amendment 192 moved—Stephen Kerr.
The Deputy Presiding Officer (Annabelle Ewing) SNP
The question is, that amendment 192 be agreed to. Are we agreed?Members: No.
The Deputy Presiding Officer (Annabelle Ewing) SNP
There will be a division.
ForAdamson, Clare (Motherwell and Wishaw) (SNP)Baillie, Jackie (Dumbarton) (Lab)Baker, Claire (Mid Scotland and Fife) (Lab)Balfour, Jeremy (Lothian) (Ind)Bib...
The Deputy Presiding Officer (Annabelle Ewing) SNP
The result of the division is: For 50, Against 67, Abstentions 3.Amendment 192 disagreed to.After section 12Amendment 95 moved—Jackie Baillie.
The Deputy Presiding Officer (Annabelle Ewing) SNP
The question is, that amendment 95 be agreed to. Are we agreed?Members: No.
The Deputy Presiding Officer (Annabelle Ewing) SNP
There will be a division.
ForAdam, George (Paisley) (SNP)Adam, Karen (Banffshire and Buchan Coast) (SNP)Adamson, Clare (Motherwell and Wishaw) (SNP)Allan, Alasdair (Na h-Eileanan an I...