Assisted Dying Bill

A Members Bill has been published by Liam McArthur MSP, which aims to legalise assisted dying in Scotland.  

A Members Bill means that this is not law that the Scottish Government is putting forward. It is being suggested by an individual MSP.   

The Bill could pass into law, but that depends on whether the majority of MSPs agree with it or not.  

It will likely be a number of years before we know whether or not the proposal will go ahead, and exactly what the final Bill will say.   

What exactly is assisted dying?  

In this Bill, assisted dying means a person would have the right to end their own life by taking a lethal drug.  

They would have take the life-ending medication themselves – a doctor would not be allowed to administer it to them.  

Nobody else – like a family member - could decide on an assisted death for them.  

What is being proposed?  

This is what the Bill proposes:  

Eligibility  

Based on the information we have, we understand that if the Bill passes, assisted dying would be made eligible to people aged 16 and up, who are clinically judged by two doctors to have: 

• A terminal illness. Because the definition of terminal illness being used is very broad, we understand it could capture some children with life-shortening conditions.  

• The mental capacity to make decisions regarding their own medical care   

• The ability to self-administer the life-ending dose   

• Reached a voluntary intention to end their life, without any coercion.    

A young person would need to meet all of these criteria in order to be eligible.   

A parent or guardian would not be able to make a decision to access assisted dying on behalf of their child.   

Process  

The Bill proposes that if two doctors are satisfied that the person meets the above criteria, they can sign a declaration agreeing that an assisted death can take place – although alternatives like pain relief, hospice or other palliative care must be set out.  

If the person still wants to go ahead, there would then be a reflection period of 14 days before the life-ending medication is prescribed. 

After the reflection period, if the person still wants to go ahead, the medication would be prescribed and delivered to the person by a registered healthcare practitioner.  

The practitioner must be present when the person takes the medicine, but the medicine must be self-administered by the person themselves.  

It is not yet clear in which settings the assisted death would take place.    

What is CHAS’ position on the Bill?   

We recognise that assisted dying is a highly emotive and complex issue – and fully appreciate and respect that there will be a wide range of personal views on this issue among the children and families we support.   

CHAS has not taken a moral position either for or against assisted dying.   

But we have lots of concerns and unanswered questions about how this proposal – which has been written with older adults in mind – would impact young adults.    

Some of these concerns are: 

• Whether the definition of terminal illness is too broad 

• Whether 16+ is the right age for such a significant decision 

• Whether the process for assessing capacity is strong enough 

• How an assisted dying service would operate and what the role of hospices should be 

• Whether there is enough protection for staff who might not want to be involved.   

Our role right now is to examine the evidence base in relation to young adults – including where there is a lack of evidence – and raise awareness of the issues this may present based on our clinical expertise, so that MSPs can make informed decisions.     

In examining the Bill, we will particularly be looking to understand how well-safeguarded it is for young people, and what additional safeguards should be proposed.     

What happens next?    

The Bill is going through the usual Scottish Parliament scrutiny process, which has three stages. This may involve some details of the Bill changing.   

If the Bill is supported by a majority of MSPs, it will become an Act and pass into law.    

The process could take a number of years.   

CHAS will be actively engaging throughout the parliamentary process to ensure our perspective, based on our clinical expertise regarding young adults with palliative care needs, is considered.