Official Report 754KB pdf
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 should have the bill as amended at stage 3—that is, Scottish Parliament bill 46B—the second marshalled list and the groupings of amendments.
The division bell will sound and proceedings will be suspended for about five minutes for the first division of stage 3. The period of voting for the first division will be 30 seconds. Thereafter, I will allow a voting period of one minute for the first division after a debate.
Members who wish to speak in the debate on any group of amendments should press their request-to-speak button or enter RTS in the chat as soon as possible after the group is called.
Members should now refer to the marshalled list of amendments.
Section 7—Assessment under section 6: further provision
The amendments are all minor and technical. Amendment 1, in the name of Liam McArthur, is grouped with amendments 2 to 5.
I have lodged amendments 1 to 5 under rule 9.8.5D of standing orders, to address technical drafting issues in some amendments that were agreed to by the Parliament last week and to ensure that those amendments can work as intended, respecting the will of Parliament at stage 3 and ensuring the integrity of the statute book should the bill be passed this evening.
Ahead of lodging these amendments, I informed the members who lodged the original amendments—Bob Doris, Jackie Baillie, Daniel Johnson and Paul O’Kane—and the Scottish Government that I would do so. I also provided a note explaining the purpose and effect of the amendment, which was circulated with the daily list yesterday—I hope that members have found that helpful.
Amendment 1 will ensure consistency in relation to section 7(1A) of the bill. Section 7(1A), added by Bob Doris’s amendment 160, defines “indirect pressures” for the purposes of section 7(1)(zd). However, paragraph (za) and subsection (3) also refer to “indirect pressures” and therefore should also be covered by the provision in subsection (1A). Amendment 1 will ensure that that is the case.
Amendments 2 and 3 will correct cross-referencing in sections 7(8) and 7(9) of the bill as amended as a result of the Parliament agreeing to amendments 165 and 168, in the name of Bob Doris. As drafted, amendments 167 and 168 both referred to subsection (3), which was the number given to the new subsections in amendments 165 and 166, which were intended to be related to the subsection mentioned in amendments 167 and 168. However, in the bill as amended, section 7(3) is an unrelated provision and is not the intended provision for referral in subsections (8) and (9). The cross-reference for the bill as amended at stage 3 therefore needs to be corrected. Amendments 2 and 3 will ensure that both subsections (8) and (9) refer, as intended, to subsections (6) and (7)—the policy effect being, as Parliament intended, that, when a terminally ill adult declines to take up a palliative care appointment, they are not prevented from receiving assistance to end their own life; but also that not taking up an appointment can be taken into account by assessing doctors when they are deciding on making a statement under sections 8(1) or 8(2).
Amendment 4 will correct an error in amendment 195, which was lodged by Daniel Johnson and which referred to accompanying statements made under section 8(3C)—when, under amendment 183, accompanying statements are made under section 8(3D).
Finally, amendment 5 will address an inconsistency in section 28(3)(bc), which was inserted by Jackie Baillie’s amendment 129. Section 28(3)(bc) refers to section 22B; however, paragraphs in section 28(3) should specify which subsection the actual regulation-making power is in. Amendment 5 will amend the reference, to make it specific to section 22B(5)—the subsection that contains the regulation-making power.
I ask the Parliament to support those technical amendments. I move amendment 1.
I will be extremely brief, Presiding Officer. Amendments 1 to 5 would appear to be necessary technical amendments to correct some of the cross-references in the bill as amended at stage 3.
I ask Liam McArthur whether he wishes to wind up.
I have nothing further to add. I press amendment 1.
Amendment 1 agreed to.
Amendments 2 and 3 moved—[Liam McArthur]—and agreed to.
Section 13—Recording of declarations and statements
Amendment 4 moved—[Liam McArthur]—and agreed to.
Section 28—Regulation-making powers
Amendment 5 moved—[Liam McArthur]—and agreed to.
That ends the consideration of amendments.
As members will be aware, I am required under standing orders to decide whether, in my view, any provision of a bill relates to a protected subject matter—that is, whether it modifies the electoral system and franchise for Scottish parliamentary elections. In the case of this bill, in my view, no provision of the Assisted Dying for Terminally Ill Adults (Scotland) Bill relates to a protected subject matter. Therefore, the bill does not require a supermajority to be passed at stage 3.
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