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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 26 November 2025
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Displaying 876 contributions

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Health, Social Care and Sport Committee [Draft]

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

Meeting date: 18 November 2025

Brian Whittle

I am listening intently to what you are saying, and it brings me back to earlier amendments that I was trying to get the committee to agree to, but which were not agreed to, on advance care directives. Such directives would address the exact point that you are making about the patient’s request, should something go wrong. I feel the same as you that there is this idea that nothing will ever go wrong. Consequently, I believe that we need advance care directives. Do you agree with that, and with my suggestion that amendments be lodged at stage 3 to include them in the bill?

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 18 November 2025

Brian Whittle

Again, I welcome the way in which Liam McArthur has engaged with members from across the chamber, but I disagree with him on one point. This bill is not like any other bill that we have ever had before us—it is very different from anything that we have been asked to consider previously.

My concern is that, if we do not manage to deliver some of the changes that we want and some of the safeguards that we have tried to put forward—be it that they must be reworded—it becomes increasingly difficult for people such as me, who have not made a decision one way or the other, to support that principle. I urge Mr McArthur and the committee to consider what has been said.

I press amendment 173.

Amendment 173 agreed to.

Amendment 174 moved—[Brian Whittle].

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 18 November 2025

Brian Whittle

I will press amendment 173, and, in doing so, I have to say that I am feeling increasing disquiet at the way in which a lot of these amendments are being dealt with, both by Liam McArthur and by the committee. These are amendments that I have lodged on behalf of the Royal Pharmaceutical Society and which Jackie Baillie has lodged at the request of the RCN, and I remind members that those are the actual people who will be at the delivery end of this bill, should it pass. I worry about the pushback against both of those groups, because, in my view, they are the experts and their views have to be taken into consideration.

Medicine is not an exact science and, as we have heard, there will be adverse reactions to medication, however rare those reactions might be. I have tried, through advance care directives, to put some protection in place with regard to a medical professional’s liability in the case that something goes wrong. Colleagues across the table here—Douglas Ross, Bob Doris, Sue Webber and Paul Sweeney—have all raised the same issues, and quite frankly, I do not think that the bill, as drafted, takes into consideration or addresses properly what happens on the rare occasions when something goes wrong.

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 18 November 2025

Brian Whittle

My concern, which you might be able to address, is that your proposed approach skews matters. If, for example, there was a cancer diagnosis, it would not be recorded as such. That approach could skew a lot of health sector data.

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 18 November 2025

Brian Whittle

I always have to mention it.

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 18 November 2025

Brian Whittle

I have to say that I am incredibly uncomfortable with the direction of travel of this conversation. Having listened to the interventions and contributions from colleagues, I can see no circumstances in which a GP would be able to raise the subject of assisted dying in the first instance—

Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill

Meeting date: 18 November 2025

Brian Whittle

If it does not interfere with the legislative process, I do not see any reason at all why we would not write.

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 18 November 2025

Brian Whittle

I recognise Mr McArthur’s on-going willingness to work with members and collaborate on the bill, but it seems that there is a presumption that none of the other members in the room have previously spoken to each other about their amendments.

12:15  

In fact, many more amendments, including some duplicates, would have been lodged had we not spoken to each other. Members have, to date, lodged many amendments to address safeguarding issues and those amendments have been rejected, which concerns me. I have put it on the record that I voted for the principles of the bill at stage 1; I had not decided at that time which side of the argument I would fall on, come stage 3, but I said that there would have to be significant changes to the bill in respect of safeguarding if I was ever to support it at stage 3.

On the specific requests from the Royal Pharmaceutical Society and the RCN to me, Jackie Baillie and Daniel Johnson on lodging amendments, I note that the RCN is concerned because its members have to deliver on the bill, and to push back against that raises a concern for me.

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 18 November 2025

Brian Whittle

Of course.

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 11 November 2025

Brian Whittle

I have a point of clarification. Is it not already in law that a medical practitioner may refer a patient to authorities that might be able to help with a vulnerability?