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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 20 July 2025
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Displaying 1390 contributions

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Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Elena Whitham

I am interested in questions relating to the European convention on human rights. I am thinking about article 2, which is the right to life, article 8, which is the right to respect for private life, and article 14, which is the prohibition of discrimination. I will frame a few questions about those.

What advice, if any, has the Scottish Government sought on the bill’s compliance with the ECHR and the likelihood of any legal challenge arising should the bill be passed?

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Elena Whitham

Okay. At this point, in that case, you do not foresee a requirement to set up another body that would deal only with assisted deaths, should the provisions come into force. Do we, as things are currently set up, already have provision to deal with assisted deaths, with the Lord Advocate having that overarching role under current law?

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Elena Whitham

Over the years, there have been families and individuals who have perhaps felt that their article 2 ECHR rights have not been realised under the current set-up for death investigations in Scotland. Is there sufficient public scrutiny and involvement of the next of kin in death investigations?

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Elena Whitham

I have a further question in the context of human rights. What is the Scottish Government’s view on whether the bill contains sufficient protections in relation to vulnerable groups? If there are any concerns in that regard, what could be done to address them?

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Elena Whitham

I will ask my next question, but I am not sure that you will be able to answer it. Similarly, to what extent do you believe that the process in the bill is compliant with the prohibition on discrimination contained in the ECHR? If it is not compliant, how would you like to see that addressed?

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Elena Whitham

Thank you.

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Elena Whitham

Good morning. I will continue on the issue of death investigations should the bill pass into law, and the interaction with article 2 of the European convention on human rights. Have witnesses had a chance to consider what level of investigation might be appropriate in assisted deaths? For example, do you foresee a requirement for all assisted deaths to be reported to the Crown Office and for the people involved to be interviewed in every case?

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Elena Whitham

Further to that, would it be worth considering whether we should, with regard to assisted dying cases, establish an independent review panel with investigatory powers?

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 28 January 2025

Elena Whitham

Thank you.

Meeting of the Parliament

Storm Éowyn

Meeting date: 28 January 2025

Elena Whitham

My heart goes out to Mr Carmichael’s family, who are my constituents.

What powers does the Scottish Government have to compel employers to act earlier to close businesses once a red weather warning has been announced, noting that such warnings are rare and are given when dangerous weather and threat to life are predicted?