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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 15 November 2025
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Displaying 1403 contributions

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Health, Social Care and Sport Committee [Draft]

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

Meeting date: 11 November 2025

Jeremy Balfour

He does; I agree.

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 11 November 2025

Jeremy Balfour

Will the member take an intervention?

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 11 November 2025

Jeremy Balfour

I would have more sympathy with that view if we were going down the road of Miles Briggs’s amendment 198. If there was a list that was available to somebody who wanted this, they could see who was and who was not willing to facilitate it. That would be very clear. I would be able to look on a website and see who was willing and who was not willing to do this and I could then go through that process. That is one of the issues.

I also think that the amendments do not deal with those at an administrative level who would be asked to do things that go against their views. I am worried that, again, we are going to exclude people from a workplace environment where they would be happy to do everything else that might be required, but not this particular thing. We may end up losing people from those workplaces.

I appreciate what Mr McArthur said. However, my amendment 190 is not about trying to obstruct patient choice, but about ensuring that individuals who are against assisted suicide are not drawn into it. To compel participation in assisted suicide, even as a referrer, is to turn conscience into mere compliance. My amendment, if it is accepted, would give protection in that regard.

My amendments 191 and 192 are follow-on amendments. Again, I accept what Mr McArthur says, but this area of law is new and depends on individual choices. That is why I think that the burden of proof should be reversed from what is in place for other areas of law.

Amendment 191 specifies that if

“a claim of conscientious objection”

is alleged to have

“been improperly or falsely made”,

the responsibility to prove or justify that claim

“lies with the person or institution”

making the allegation, rather than with the individual who is exercising the objection. The rationale is simple: it is to protect individuals and organisations that conscientiously refuse to participate, ensuring that they are not unfairly required to defend their ethical or moral stance.

Amendment 192—[Interruption.]. I am happy to take an intervention.

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 11 November 2025

Jeremy Balfour

Just a second.

On the other issue that you raise, you are saying that someone who wants to work for a certain hospice or organisation that does not carry out assisted suicide—assisted dying—must accept that. My point is that that is already the position in law in other areas. An organisation will have certain beliefs, philosophies and ideas. Someone does not necessarily have to sign up to those intellectually, but they do have to sign up in practical terms.

10:30  

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 11 November 2025

Jeremy Balfour

That is helpful, thank you. I wonder whether it would be helpful to get an update from the Scottish Government on its position, particularly in relation to some of the amendments that we are considering.

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 11 November 2025

Jeremy Balfour

I am grateful. Thank you.

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 11 November 2025

Jeremy Balfour

Convener, could I seek clarification on when the committee expects to stop today, so that I can let others know for meetings?

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 11 November 2025

Jeremy Balfour

Thank you, convener. Before I start, I will make a point of order about the Scottish Government’s non-presence at this meeting. I understand that the Scottish Government is neutral on the bill, but we have heard a number of comments from Liam McArthur this morning about what the Scottish Government is and is not doing with the UK Government. Has the Scottish Government chosen not to be here, or has it not been asked to come? It would have been helpful to have an update from the Scottish Government on the amendments that we are considering. Was it the Government’s choice not to come, or was it deemed not to be appropriate?

10:15  

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 11 November 2025

Jeremy Balfour

On the rare occasions that the drugs did not work when they were administered to a person, if there was no advance care directive in place, what would the doctor or the nurse, or the hospice, do if they did not know what the patient’s wishes were? Surely these amendments would give the patient greater protection in that respect.

Health, Social Care and Sport Committee [Draft]

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

Meeting date: 11 November 2025

Jeremy Balfour

I absolutely accept your first point. When I go to Marie Curie or St Columba’s Hospice Care in Edinburgh I am always surprised by how joyful those places are—I often come away feeling much more hopeful than I felt before I went in. I also accept that people go for day treatment, and for many weeks.

I was really pointing to in-patients. The experiences that have been shared with me at Marie Curie and St Columba’s Hospice Care—the two hospices that are in my region—are that people do not go there for long periods as in-patients. I accept that people go there as out-patients, and those services could be offered by other institutions that did not want to opt in.

I will stop there, convener.