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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 13 March 2026
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Displaying 1860 contributions

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Meeting of the Parliament [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 3

Meeting date: 12 March 2026

Alasdair Allan

I see that the Government has not made comments about Daniel Johnson’s amendments 18 and 19, for instance. However, the cabinet secretary has referred to the duty of a medical professional to make all options known to the patient. Is his understanding that amendments 18 and 19 would impinge on that duty by—in my view, helpfully—avoiding the need to mention assisted dying?

Meeting of the Parliament [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 3

Meeting date: 12 March 2026

Alasdair Allan

Mr Greer has indicated that he may be about to speak to the question that I was going to raise. Can he clarify the reasoning behind leaving out the word “require” and inserting “request”? In practical terms, what would mean that for someone?

Meeting of the Parliament [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 3

Meeting date: 12 March 2026

Alasdair Allan

I appreciate the frustration that Stuart McMillan has expressed, which is felt by people from various parties, about the situation relating to the section 104 order. He mentioned that this is a contentious issue, but does he accept that the Scottish Parliament deals with all sorts of contentious issues and that, in a representative democracy, it is normal for people’s elected representatives to sort them out, unless it is a rule-changing constitutional issue?

20:30

Meeting of the Parliament [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 3

Meeting date: 12 March 2026

Alasdair Allan

Will the member take an intervention?

Meeting of the Parliament [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 3

Meeting date: 12 March 2026

Alasdair Allan

I wish to comment on amendment 112, which proposes that the bill could be the subject of a referendum after royal assent. I realise that my friend Stuart McMillan feels strongly about the issue—I also realise that he is sitting directly behind me—however, I believe that, in a representative democracy, referenda should be reserved for major changes on constitutional questions. That is a tradition that has grown up in Scotland and the UK over the past 60 years, although I stress that I am not making an argument from tradition; if I thought that the tradition was mistaken, I would say so. Indeed, the UK has not been responsive enough to demands for constitutional referenda.

Some mention has been made of the Republic of Ireland, and it is true to say that Ireland has referenda on issues of the kind that we are debating here today. However, as Mr O’Kane pointed out, that is because those questions involve changing parts of the 1937 constitution, which requires that all constitutional amendments be put to a referendum.

If we lived in ancient Athens or in some cantons of modern Switzerland, it is possible that referenda might form an established part of our day-to-day legislative process. However, I genuinely fear what would happen if we were to set a precedent today of moving to referenda on individual non-constitutional pieces of legislation. Without using hypothetical examples, I can say that, if we were to go down that route, it is easy to imagine situations in which some angry majority in the country might, at some stage, decide to whip up online hostility against some minority or other and then seek to press for a referendum on their interests.

I can understand the motivations that members might have for considering supporting amendment 112. They have been gone over. It is tempting to try to find some way of moving this difficult debate into another sphere. However, after many months of public engagement and debate, and after many days and nights of parliamentary scrutiny, the public expect us to make decisions.

Meeting of the Parliament [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 3

Meeting date: 12 March 2026

Alasdair Allan

I accept the point about the validity of referenda. I am merely making the point that they work best when we are talking about changing the rules of the game through some major constitutional change.

The public rightly hold us to account at elections. Constitutional questions aside, that is how representative democracy should work, so, respectfully, I cannot support Mr McMillan’s amendment 112.

Meeting of the Parliament [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 3

Meeting date: 12 March 2026

Alasdair Allan

I thank Jeremy Balfour for his generosity in taking interventions.

I hope that the concerns that Ms Forbes has raised might be addressed in some of the amendments that we are discussing today, not least Mr Johnson’s amendments.

I return to the question that Mr Hepburn asked about why your amendment 243 contains a phrase about stopping the conversation instantly. Why would that be helpful?

Meeting of the Parliament [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 3

Meeting date: 12 March 2026

Alasdair Allan

Will Jeremy Balfour give way?

Meeting of the Parliament [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 3

Meeting date: 12 March 2026

Alasdair Allan

I wonder whether the member could reassure me about amendment 204. Am I incorrect in reading that to mean that it would remove the provisions that define in detail what the advocacy service is to do? I am keen to ensure that we have a proper definition somewhere in the bill that avoids, for instance, undue influence. Does amendment 204 remove that definition, or have I misread it?

Meeting of the Parliament [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 3

Meeting date: 12 March 2026

Alasdair Allan

On a point of order, Presiding Officer. I could not connect. I would have voted no.