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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 19 June 2025
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Displaying 1160 contributions

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Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

Thank you, convener, and thanks to the witnesses for their insightful comments so far.

A number of respondents to our calls for views on the bill have raised the question whether doctors would have a “duty to raise” assisted dying as a reasonable treatment option with end-of-life patients, as current court decisions, such as Montgomery v North Lanarkshire Health Board, require doctors to discuss all reasonable treatment options with their patients so that the patient can make a fully informed decision.

Clause 4(1) of the UK bill introduced by Kim Leadbeater MP explicitly refers to no “duty to raise” the subject with patients and clause 4(2) clarifies that by providing that medical practitioners may exercise “their professional judgement”.

In the Scottish bill by Liam McArthur MSP, section 18(1) refers to a general requirement. Indeed, it provides that

“An individual is not under any duty (whether arising from any statutory or legal requirement) to participate in anything authorised by this Act to which that individual has a conscientious objection.”

Considering the bill as drafted, do you think that the status of assisted dying as a reasonable treatment option needs to be further clarified? Dr Neal, you could perhaps start us off.

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

Does anyone else have a view on that point?

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

Please do.

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

Is it quite difficult to determine whether the diagnosis was the stimulus for mental ill health or whether it was a pre-existing condition?

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

Do you have concerns that the qualifying criteria for eligibility, as defined in the bill, are too restrictive?

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

I do not know whether you have had an opportunity to look at the UK bill as introduced—the Terminally Ill Adults (End of Life) Bill—but its qualifying criteria do not refer to mental illness. However, at clause 30, it states that the secretary of state may introduce a code of practice on

“the assessment of whether a person has a clear and settled intention to end their own life”,

which would include

“recognising and taking account of the effects of depression or other mental disorders (within the meaning of the Mental Health Act 1983) that may impair a person’s decision-making”.

Is that perhaps a better definition?

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

That is helpful.

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

The financial memorandum to the bill estimates that there will be 25 assisted deaths in the first year, rising to 400 deaths by year 20. That is also based on an assumption that 33 per cent of people who enter the process will not proceed. Do those projections seem like a workable caseload?

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

I turn to the issue of capacity, which we have discussed to some extent already. Does either of you have any concerns about the ability of non-psychiatric doctors to assess the capacity of people seeking an assisted death?

Health, Social Care and Sport Committee

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

Meeting date: 12 November 2024

Paul Sweeney

I thank our witnesses for joining us this morning.

I want to begin with the crossover or interface between mental and terminal illness. The bill, as introduced, states that, to be eligible for assisted dying, the person must have the mental capacity to make the request for an assisted death. Included in the definition of capacity is that a person should not be

“suffering from any mental disorder which might affect the making of the request”,

with “mental disorder” defined under section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 as

“any ... mental illness ... personality disorder; or ... learning disability”.

How common is it for people facing the end of their lives to be suffering from mental health problems such as depression and anxiety?