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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

I want to make a short contribution on this group of amendments.

Doctors’ opinions are very influential, in my experience. It is also my experience that that can vary among different cultures. I appreciate that many members have looked at different jurisdictions and the legislation that applies there, but we should see the legislation in the context of our own culture. That is my experience: that doctors are very influential in our society.

It should be clear that a doctor’s opinion should not form any part of a diagnosis. That is a substantive issue in relation to the bill—which, as I have said on the record, I will not be supporting. However, if it is passed, I want to ensure that there are safeguards in it.

As we discussed yesterday, members of the medical profession will need to decide whether they wish to participate in the administration of assisted dying. In some ways, I feel that there could be a protection for those in the medical profession in the amendments in this group, because if it is clear that they will not be expected to introduce the option into the conversation, they will be asked not to. Those people’s function, as I understand it, will be to administer and assist a person who wishes to take their life.

It seems to me that, if the bill were to pass, a review would be the best way to decide whether or not there are omissions, but the current provision is absolutely wrong.

I agree that there is some confusion here with the “Do not resuscitate” policy, which was misused during Covid. That is an NHS policy question, as well as a medical question.

I also agree with what Kate Forbes said about patients being vulnerable. We must provide a safeguard because of that. The greatest safeguard here, in terms of the ethics of the legislation, is to ensure that we are safeguarding the profession with clarity on what is expected at this point in a person’s pathway to their diagnosis, should it be terminal.

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...