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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 12 July 2025
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Displaying 1225 contributions

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Health, Social Care and Sport Committee

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

Meeting date: 4 February 2025

Dr Sandesh Gulhane

Good morning. I refer members to my entry in the register of members’ interests. I am a practising NHS GP and chaired the medical advisory group on the bill.

Today is world cancer day. We had 35,379 new cancers registered in Scotland in 2021, which is an increase of 5.5 per cent from 2019 figures. Although I appreciate that not all cancers are terminal, some are. As we live longer and there are an increasing number of cancers, there will be more people who have terminal cancer.

We have heard about the palliative care sector being relatively underfunded. Those who provide end-of-life care are struggling at the moment. Given that we are struggling to cope with demand, there is a criticism that, without more money going into the sector, some people would turn to assisted dying because they cannot access palliative care. How do you respond to that?

Health, Social Care and Sport Committee

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

Meeting date: 4 February 2025

Dr Sandesh Gulhane

Is there scope to have a discussion with Police Scotland in order to create, through secondary legislation, a process that medics could follow? It is important to say that there is a big difference between neglect or someone outright not doing their job properly, and someone doing their best where it is subsequently found that there are issues. Is there scope to discuss with Police Scotland and the Crown Office and Procurator Fiscal Service the creation of a process that is robust enough to defend medics who use the process for assisted dying properly?

Health, Social Care and Sport Committee

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

Meeting date: 4 February 2025

Dr Sandesh Gulhane

To move on to reporting, are you happy that there is enough in the bill to enable us to look robustly at what has happened over each year, which will feed into the five-year review? If you think that that is the case, what learnings have you taken from other jurisdictions that already undertake reporting? Let us not reinvent the wheel.

Health, Social Care and Sport Committee

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

Meeting date: 4 February 2025

Dr Sandesh Gulhane

Do you think that we might need any additional information from the reporting that may be able to provide additional safeguards and reassurance?

12:00  

Health, Social Care and Sport Committee

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

Meeting date: 4 February 2025

Dr Sandesh Gulhane

We have heard from previous witnesses that by passing the bill, we will open the door to a slippery slope, mission creep or scope creep. They cite, as you have, Canada, Oregon and the Netherlands as examples. Do you think that that will happen here through legal challenges, and how do we safeguard against it?

Health, Social Care and Sport Committee

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

Meeting date: 4 February 2025

Dr Sandesh Gulhane

I want to turn again to coercion, but to take a slightly different angle. I was concerned by the evidence that was given by Police Scotland about coercion. I will give you an example. Two doctors sign to say that a person can go ahead with the assisted death that they have chosen, and the person goes ahead with it. Later on, a family member, for whatever reason, decides to challenge that and says that there was coercion and other things going on.

The police said that there does not seem to be enough robustness in the process that medics would follow to be able to say that there was no coercion. Despite their best efforts, medics would be liable to be in trouble with the law if it was subsequently found that there was coercion. Is there a way of tightening up the provisions on coercion to deal with that?

Health, Social Care and Sport Committee

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

Meeting date: 4 February 2025

Dr Sandesh Gulhane

We will come on to the reporting aspect. To go back to death certificates, it is vital that both aspects of the death are captured, but it seems to me that at section 1a of the certificate, which notes the way that someone has actually died, the big terminal illness that the person has had should be listed, with assisted dying being listed in section 2 of the certificate, so that both elements are captured but we do not lose sight of the terminal illness itself.

Health, Social Care and Sport Committee

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

Meeting date: 28 January 2025

Dr Sandesh Gulhane

I want to look at the interaction across the UK a bit more. There is no guarantee that either bill will pass, but if the Scottish bill passes but not the English one, do you foresee a potential problem, with families who are supporting ordinarily resident Scots from England getting into trouble due to the law not changing in England?

Health, Social Care and Sport Committee

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

Meeting date: 28 January 2025

Dr Sandesh Gulhane

I declare an interest as a practising NHS GP and chair of the medical advisory group on the bill.

What is your opinion on the age limit of 16 in the bill? We were discussing with the last panel whether it should be 16 or 18 and it is a debate that we have been having throughout our evidence taking. What would your position be?

Health, Social Care and Sport Committee

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

Meeting date: 28 January 2025

Dr Sandesh Gulhane

If the bill were to pass at stage 1, would the Government speak to the General Medical Council—in Scotland and UK-wide—about its position and how it could ensure that doctors are able to use the bill in a safe way, given the fact that, if they were to proceed, they would be open to people complaining about them with malicious intent?