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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 14 July 2025
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Displaying 1745 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

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?

Health, Social Care and Sport Committee

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

Meeting date: 4 February 2025

Clare Haughey

Several respondents to the consultation on the bill noted that there is no provision for challenging or reviewing decisions that are made by doctors on whether someone’s illness meets the definition in the bill of terminal illness, whether they have capacity to make the decision or whether they have been coerced. The Edinburgh Napier University centre for mental health practice, policy and law research submitted that it was

“concerned at the lack of any accessible mechanism by which the decision of a doctor can be appealed or independently reviewed by the courts.”

Again, is that something that you considered? Now that the bill has been under some scrutiny, would you consider amending it in that regard?

Health, Social Care and Sport Committee

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

Meeting date: 4 February 2025

Clare Haughey

Conversely, is it unreasonable for there not to be an appeal process for someone who has perhaps been denied access to 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

It sounds like what you propose in terms of that conscientious objection would be quite discrete. How do you counter what surveys of palliative care staff and staff who work in hospices say? According to those surveys, quite large numbers of staff have talked about leaving those services should your bill be passed.

Health, Social Care and Sport Committee

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

Meeting date: 4 February 2025

Clare Haughey

One of the other areas that the committee has touched on is qualifications. I believe that the bill speaks about medical practitioners, although I might be misquoting slightly there. However, witnesses were clear that the level of qualification that would be required for doctors to be able to participate in assisted dying could encompass those at foundation year 2 level. When representatives of the Royal College of Psychiatrists were at committee, we asked about their level of confidence in such a junior doctor participating in those assessments of capacity and so on. They were quite resolute that they did not feel that such a junior doctor would have sufficient experience at that level of their training. Why have you chosen that particular term, which encompasses such junior doctors, and, should the bill be agreed to at stage 1, would you look to amend that provision?

Health, Social Care and Sport Committee

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

Meeting date: 28 January 2025

Clare Haughey

Has the Scottish Government come to any decision or any conclusion about whether an oversight body should be convened to monitor the function of the legislation should the bill pass?

Health, Social Care and Sport Committee

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

Meeting date: 28 January 2025

Clare Haughey

I appreciate that and the committee understands that you have set out the Government’s position.

Does the Government have an opinion on the proposed five-year review period of the legislation or the suggestion that the bill should include a sunset clause?

Health, Social Care and Sport Committee

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

Meeting date: 28 January 2025

Clare Haughey

That was for doctors only. So, for the entirety of the healthcare staff who may be involved if the bill passes, the training costs could be anticipated to be greater.