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Chamber

Meeting of the Parliament 17 March 2026 [Draft]

17 Mar 2026 · S6 · Meeting of the Parliament
Item of business
Assisted Dying for Terminally Ill Adults (Scotland) Bill
Hepburn, Jamie SNP Cumbernauld and Kilsyth Watch on SPTV

I thank Liam McArthur for the considered manner in which he has advanced the bill. In my 19 years in the Parliament, this has been the single most difficult matter to determine.

I recognise and understand that many colleagues have known from the outset how they would vote today. I have not. As we debated the bill at stage 1 last May, I did not know how I would cast my vote on that day. Indeed, only in the past few days have I come to determine my final position. I admire and perhaps even envy those who approach the bill with absolute certitude on the best way forward. I respect those who have such certainty. Even at this stage, I have found myself grappling with how best to make the right decision.

I have approached the bill with an open mind throughout its passage. The first principle under which I have considered the bill is whether a person should be able to command autonomy in decisions that impact them and their lives most directly.

That is a principle that I broadly agree with, and it is a principle that lends itself to supporting the bill. Indeed, it was one of the reasons why, having heard the debate in May, which many colleagues took part in, I felt able to support the bill in principle at stage 1. However, it is not a principle that sits in isolation from other considerations, and, in contact with the many constituents who have been in touch with me about the bill, I have always been clear that those are just as important. The other primary areas of importance are tightly defining eligibility, protecting the most vulnerable in our society and protecting the interests of clinicians and medical professionals.

I recognise that, last week, we made a great number of changes to the bill, which have gone some way to further improve what was in it. The short time that is available prohibits me from mentioning many of those, but the one that I am clearest on is the requirement to have a reasonable end-of-life prognosis of six months. In my view, that was an essential change.

However, I have lingering concerns. I was disappointed that Daniel Johnson’s amendments that would have absolutely required it to be in the hands of the patient to first raise the prospect of an assisted death with a medical professional were not agreed to. Any new legal right to an assisted death changes the context of patient and doctor conversations and creates a new dynamic. I believe that, in such circumstances, the amendments that Mr Johnson lodged were very important, and their being disagreed to has been an important part of informing my thinking.

I was disappointed by the rejection of the amendments that sought to create institutional opt-out. That would have been a helpful provision.

I am also concerned that Parliament has found itself in the unsatisfactory position of not being able to legislate for the protection of conscientious opt-out for medical professionals. I recognise that we are up against the limit of the Parliament’s legislative power, but having to remove those provisions and rely on the section 104 order process, which would leave it to the UK Government to determine how that would work, is of concern to me. In my view, the UK Government should have agreed a section 30 order to enable the Parliament to legislate to provide clarity.

I appreciate that it is argued that we can reasonably expect the UK Government to put in place the provisions that we would require to be satisfied that the position of the medical workforce was protected, but the fundamental point is that we do not know what those would be. That concerns me, and the inability to demonstrate how that area would work, along with the other areas that I have highlighted, leaves me at this time, with some sense of regret, unable to support the bill.

I know that that decision will disappoint many in this chamber and beyond, although I am just as sure that the alternative would equally have disappointed many others, but it is the decision that I have come to sincerely and that I rest upon.

18:52

In the same item of business

The Presiding Officer (Alison Johnstone) NPA
The next item of business is a debate on motion S6M-21005, in the name of Liam McArthur, on the Assisted Dying for Terminally Ill Adults (Scotland) Bill at s...
Liam McArthur (Orkney Islands) (LD) LD
This is a significant moment for the Parliament, so let me start by acknowledging some of those who have played their part in getting us to this point: the n...
Daniel Johnson (Edinburgh Southern) (Lab) Lab
In a sense, I agree with what Liam McArthur says about section 104 orders coming back to Parliament. However, does he agree that much of the detail about how...
Liam McArthur LD
I understand Daniel Johnson’s point. I worked closely with the British Medical Association on the amendments that I lodged after stage 1 to provide reassuran...
The Minister for Social Care and Mental Wellbeing (Tom Arthur) SNP
Unfortunately, Neil Gray, who up until today has led on Liam McArthur’s Assisted Dying for Terminally Ill Adults (Scotland) Bill for the Scottish Government,...
Rona Mackay (Strathkelvin and Bearsden) (SNP) SNP
This will be my final speech in this place before stepping down next week after 10 years. It is a short speech and, of course, it is not political. However, ...
Edward Mountain (Highlands and Islands) (Con) Con
We have finally reached the last stage of the Assisted Dying for Terminally Ill Adults (Scotland) Bill. I am sure that, for many, it has been a long and unco...
Jamie Hepburn (Cumbernauld and Kilsyth) (SNP) SNP
I thank Liam McArthur for the considered manner in which he has advanced the bill. In my 19 years in the Parliament, this has been the single most difficult ...
Michael Marra (North East Scotland) (Lab) Lab
When I was elected in 2021, I was undecided on the issue of assisted dying, although I knew that a decision was likely to be made on it in the current sessio...
Patrick Harvie (Glasgow) (Green) Green
I start by recognising the hard work of Liam McArthur and everyone on his team, as well as the high quality of debate, which other members have acknowledged....
Daniel Johnson Lab
Will Patrick Harvie give way?
Patrick Harvie Green
I am not sure whether we have time in hand.
The Deputy Presiding Officer (Annabelle Ewing) SNP
There is time for a very brief intervention.
Patrick Harvie Green
I will give way.
Daniel Johnson Lab
Would the member accept that a number of the safeguards that are present in many parts of Australia are not present in the bill in terms of oversight? I am n...
Patrick Harvie Green
In looking at the various systems around the world, I do not believe that there is one that has this package of safeguards and measures. However, every membe...
Alex Cole-Hamilton (Edinburgh Western) (LD) LD
I start by echoing the tributes that have been paid to my friend Liam McArthur and his excellent team for getting us to this stage.Throughout our considerati...
George Adam (Paisley) (SNP) SNP
I thank Liam McArthur for all the work that he has done on the bill.In my notes, it says, “Try not to cry during this debate,” because it means quite a lot t...
Sandesh Gulhane (Glasgow) (Con) Con
I wish to make a declaration of interests: I am a practising NHS general practitioner, who is registered with the General Medical Council, and a member of th...
Carol Mochan (South Scotland) (Lab) Lab
In my five years as an MSP, I have had the great honour of hearing directly from people across my region and across Scotland. Many of those people have exper...
Jeremy Balfour (Lothian) (Ind) Ind
It has been said many times during this stage 3 debate that we are dealing with the most important decision that we, as parliamentarians, have taken, and I w...
Bob Doris (Glasgow Maryhill and Springburn) (SNP) SNP
If the bill to legalise assisted dying is not passed today, many people who have led a dignified campaign in support of a change in the law will be deeply di...
Liz Smith (Mid Scotland and Fife) (Con) Con
It is on occasions such as these, when the matter that is under consideration is so challenged by complex ethical, moral, legal and practical questions, that...
Pam Duncan-Glancy (Glasgow) (Ind) Ind
I, too, thank Liam McArthur for the way in which he has engaged on the bill and with me.Last week, we considered the specifics of what the bill would mean in...
Evelyn Tweed (Stirling) (SNP) SNP
I start my speech with the words of Kate Buchanan, who was a constituent of mine. Kate said:“I don’t want to die, but I am going to … I want to be just like ...
Paul O’Kane (West Scotland) (Lab) Lab
This is undoubtedly the most consequential decision that we will make in this session of Parliament, just five days before its conclusion. Indeed, it is one ...
Ross Greer (West Scotland) (Green) Green
At stage 1, I said that I supported the principles of the bill but not the specifics. I believe that the circumstances of our deaths should be as safe and co...
Humza Yousaf (Glasgow Pollok) (SNP) SNP
I, too, thank Liam McArthur for the approach that he has taken in engaging with members across the chamber, on both sides of the debate. I do not think that ...
Maggie Chapman (North East Scotland) (Green) Green
I believe that life is precious. I believe that life is a gift. I believe deeply that all life has inherent worth. That worth does not diminish with illness,...
Douglas Ross (Highlands and Islands) (Con) Con
Like others, I recognise the incredible work that Liam McArthur has put into the bill in the last week, the last month and this entire parliamentary session....