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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 19 December 2025
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Displaying 3052 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

Clare Haughey

Welcome back. We will continue to take evidence from Liam McArthur and his accompanying witnesses. I refer members to my entry in the register of members’ interests, which states that I am employed as a bank nurse by NHS Greater Glasgow and Clyde.

I would like to explore a couple of issues with you, Mr McArthur, starting with conscientious objection. We have heard various arguments and questions at committee in relation to the conscientious objection clause in the bill, who it includes and what the clause extends to. Section 18(1) of the bill sets out that no one is

“under any duty ... to participate in anything authorised”

under the bill, if they have

“a conscientious objection”

to doing so. The bill does not prescribe to whom the conscientious objection would apply, but the policy memorandum indicates that it is intended to apply to doctors and other health care professionals who are involved in the process. There is some argument that the clause replicates a provision in the Abortion Act 1967 and is therefore likely to be interpreted in the same way by the courts. That would mean that the objection clause might extend only to those people who are directly involved in the process of assessing, prescribing and providing assistance. Could you perhaps clarify your thinking around that and who you envisage that the conscious objection clause would apply to?

Health, Social Care and Sport Committee

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

Meeting date: 4 February 2025

Clare Haughey

Last week, a group of GPs in my constituency asked me a question that I was not able to answer. They asked whether there would be a duty for someone expressing that conscientious objection to refer a person requesting assisted dying to another assessor. Can you give me a definitive answer?

Health, Social Care and Sport Committee

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

Meeting date: 4 February 2025

Clare Haughey

We will come to questions on that later. If we do not cover that, I will be happy to come back to you.

Health, Social Care and Sport Committee

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

Meeting date: 4 February 2025

Clare Haughey

Good morning, and welcome to the fourth meeting in 2025 of the Health, Social Care and Sport Committee.

The first item on our agenda today is to take evidence as part of the committee’s scrutiny of the Assisted Dying for Terminally Ill Adults (Scotland) Bill at stage 1 from the member in charge of the bill, Liam McArthur MSP. I welcome Liam McArthur, who is joined by Claudia Bennett, a senior solicitor in legal services at the Scottish Parliament; Nick Hawthorne, who is a senior clerk in the non-Government bills unit of the Scottish Parliament; and Dr Amanda Ward, who is adviser to Liam McArthur.

Before we move to questions, I invite Mr McArthur to make a brief opening statement.

Health, Social Care and Sport Committee

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

Meeting date: 4 February 2025

Clare Haughey

Okay, but the financial memorandum did not include any other profession that might be involved in the care of someone who was accessing assisted dying.

Health, Social Care and Sport Committee

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

Meeting date: 4 February 2025

Clare Haughey

The status of assisted dying as a reasonable treatment option in Scotland is unclear and there have been calls for that to be addressed directly in the bill. If assisted dying is considered to be a reasonable treatment option, doctors would have a duty to discuss it with patients in appropriate situations, regardless of any conscientious objection to the practice that they might have. 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

Clare Haughey

Do you think that the bill needs tightening up to define what the phrase means, to address the concerns that were raised at that evidence session about people travelling to Scotland and setting up a temporary address here in order to access assisted dying?

Health, Social Care and Sport Committee

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

Meeting date: 4 February 2025

Clare Haughey

We will move straight to questions, beginning with Emma Harper.

Health, Social Care and Sport Committee

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

Meeting date: 4 February 2025

Clare Haughey

The bill would require someone to be “ordinarily resident” in Scotland for 12 months before they would be eligible for assisted dying. Last week, in giving evidence, Police Scotland raised questions about what is meant by the term “ordinarily resident”. I am keen to explore why that term was used and what “ordinarily resident” means in the bill.

Health, Social Care and Sport Committee

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

Meeting date: 4 February 2025

Clare Haughey

In view of the letter from the finance committee and its determinations, what the Scottish Government has put on record and the omissions that you have alluded to today in relation to your financial memorandum, will you be looking to review your financial memorandum?