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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 4 May 2021
  6. Current session: 13 May 2021 to 8 February 2026
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Displaying 1368 contributions

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Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2

Meeting date: 11 November 2025

Dr Sandesh Gulhane

For clarification, does amendment 100 mean that if somebody has been diagnosed with a terminal illness, that could lead to them being vulnerable just because they have that diagnosis, which would then preclude them from being able to access assisted dying for people with terminal illnesses?

Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2

Meeting date: 4 November 2025

Dr Sandesh Gulhane

Absolutely.

Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2

Meeting date: 4 November 2025

Dr Sandesh Gulhane

The Abortion Act 1967 allows the NHS to perform abortions. That is contrary to the point that you made about preserving life. Would you suggest that the 1967 act contravenes the point of the NHS?

Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2

Meeting date: 4 November 2025

Dr Sandesh Gulhane

I agree with that—I would go as far as saying that that was literally the next thing that I was going to say. I absolutely agree with everything that has just been said.

I cannot support a period of three months; it is far too short. I am sympathetic to Mr Johnson’s suggested period of six months, but I do not think that I will support that, because I feel that it is up to the individual to make the decision. I hope that we can agree to amendment 24 and take forward that change in definition. I would agree with Jackie Baillie’s amendments, too, but everything is in amendment 24.

09:30  

Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2

Meeting date: 4 November 2025

Dr Sandesh Gulhane

Pam Duncan-Glancy has the opportunity to lodge an amendment that says that people with disabilities cannot access assisted dying. I would not support such an amendment, because I think that individuals, disabled or not, get to make decisions on their own quality of life and on how they want their life to continue—or, if they are diagnosed with a terminal illness, to say, “I am not prepared to continue with what has happened to me and the issues that this terminal illness has created.” That could be at any stage.

Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2

Meeting date: 4 November 2025

Dr Sandesh Gulhane

I want to start by saying how deeply concerned I am about Jeremy Balfour’s amendment 146 and the idea of an individual being presumed not to have capacity. If someone is diagnosed with a terminal—or very serious—medical condition, am I to say, “You can’t make any decisions about your treatment going forward, because you have been diagnosed with cancer and therefore do not have capacity. I need to prove that you have capacity first”? If so, I think that that is wrong. We cannot have a presumption that somebody cannot have capacity—the presumption needs to be that people do have capacity.

The convention is that doctors will look at a person’s capacity when they speak to them and bring to bear their judgment as to whether or not they have it. If necessary, they will then take that further and say, “I am concerned about the capacity this person has—or hasn’t—got.” Putting that the other way round is deeply concerning. I do not want to go into the other amendments in the group; that is the one that I really wanted to speak to, because it is of great concern to me.

My amendment 2 is very simple. I just think that 16 is a bit too young. We have a problem in Scotland with defining what an adult is; I know that there is another amendment that seeks to change the age to 25. I believe that an adult is somebody who is 18 years old, and I believe that, at that point, they have the right to decide on their medical treatment and whether to accept or refuse treatment. They have the right to go to a pub and drink legally; they have the right to smoke; they have the right to do a lot of things. In the majority of cases, they are no longer at school.

On balance, I think that that is the right age to—

Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2

Meeting date: 4 November 2025

Dr Sandesh Gulhane

How many notaries public do we have in Scotland who are readily available?

Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2

Meeting date: 4 November 2025

Dr Sandesh Gulhane

I feel that an individual has a right to say no. At the moment, I would love for every patient of mine who has a terminal illness or pain or a problem and who needs palliative care to be able to access it. I love the people who do palliative care—they do great work. However, a lot of patients say, “No, I don’t want that,” and it should be up to the individual to make that choice.

I am very sympathetic to your amendment, and I wonder whether you could perhaps change the wording to say that a palliative care support plan should be discussed with the individual. If they would like a plan, they absolutely should have one, but if they say no, despite best practice, it is their right to do so.

Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2

Meeting date: 4 November 2025

Dr Sandesh Gulhane

On good judgment, peer pressure and taking more risks, I was a doctor at the age of 24. Does that mean that it would have been okay for me to make a decision about other people’s lives, but not mine?

Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2

Meeting date: 4 November 2025

Dr Sandesh Gulhane

Will the member take an intervention?