Meeting of the Parliament 12 March 2026 [Draft]
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 declaration that is signed by a proxy must be witnessed and certified by a practising solicitor.
At first glance, that might seem like a minor procedural adjustment but, in reality, it addresses a glaring inconsistency in the bill. Across Scots law, the involvement of a solicitor is standard whenever sensitive or legally binding documents are executed on behalf of another person. Whether it is for powers of attorney, wills or contracts with serious consequences, a solicitor’s oversight ensures that the document is valid, that a person who is acting on someone else’s behalf fully understands their responsibilities and that there is a clear professional record of the transaction. Yet the bill proposes that, for one of the most sensitive and irreversible acts that a person can take, no such oversight is required. That is astonishing.
By mandating a practising solicitor to witness a proxy declaration, certify that all statutory requirements have been followed and record their professional credentials on the document, amendment 192 would bring clarity, transparency and accountability. It would reduce the risk of error, misunderstanding or even potential abuse and it would assure everyone involved—the individual making the declaration, the proxy and the medical practitioners—that the legal formalities have been properly observed.
That is not a bureaucratic obstacle; it is a safeguard consistent with the standards that we already apply in other areas of law. The solicitor’s role would not be to question the person’s wishes; it would be to ensure that the process is carried out correctly and lawfully. In matters of such gravity, that oversight is not optional; it is essential. Supporting the amendment is not about creating unnecessary hurdles; it is about protecting individuals and upholding the integrity of the system. It is about ensuring that, when a proxy acts on someone else’s behalf, a professional legal check is in place to prevent mistakes or disputes and to give confidence to all parties that the declaration is fully compliant with the law.
For those reasons, I urge members to support the amendment and ensure that the bill meets the same standards of care, diligence and legal oversight that are expected throughout Scots law.