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
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 identifying the issues that it has with the relevant amendments.
I repeat that I have some sympathy with the points that Mr Balfour and Mr Kerr have made. When I was drafting the bill, much of what they have articulated was in my thinking. However, I suspect that their view stems from a misunderstanding of the role of the proxy, which is a facilitative one. In his intervention, Ross Greer helpfully reminded members that the bill’s protections on coercion apply. Rather than carving out the proxy role and coming to the view that it is unprotected and that there are no sanctions, members need to read the bill in its entirety.
My amendment 94 reflects the concerns that the Law Society of Scotland raised with me at stage 1. Changes were made at stage 2 that allowed some of those concerns to be addressed.
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...