Meeting of the Parliament 13 March 2026 [Draft]
I begin in customary fashion by reminding members of my entry in the register of members’ interests in relation to the support that I receive from three separate campaign organisations in the context of the bill. I also reflect that there might be other members who have participated in the debate who should declare similar interests.
An offence of advertising assisted dying was introduced at stage 2. I entirely support the creation of such an offence but I have also reflected on the Scottish Government’s commentary that the offence in the bill does not refer to intent or effect and contains multiple inconsistencies in definitions and exceptions.
On that basis, my amendments 52 and 71 introduce regulation-making powers for ministers to create an offence of advertising assisted dying and related penalties, an approach that was also taken in the Terminally Ill Adults (End of Life) Bill at Westminster. That would ensure that the offence is specific and effective in capturing those that it is intended to capture. Such regulations would also be subject to the affirmative procedure, which would allow the Parliament to scrutinise them properly.
Murdo Fraser’s amendment 247 and Stephen Kerr’s 248 both seem to require that any lawful communication about assisted dying must refer to, among other things, suicide prevention information. I strongly echo the comments on that from the convener of the Health, Social Care and Sport Committee, Clare Haughey. I also refer to the statement issued by suicide prevention leaders in Australia, which specifically cautions against conflating suicide prevention and assisted dying in public communication. The statement says:
“Suicide prevention and”
voluntary assisted dying
“should be discussed separately. Confusing these terms can delay access to suicide prevention services for people in distress, and complicate or delay care for people with terminal illness who are seeking an additional choice at the end of life.
“In any public communication, it is important that we refrain from talking about”
assisted dying
“as suicide or using language that associates the two.”
For that reason, I do not support amendments 247 and 248 and urge the Parliament strongly to oppose them.