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The practice of successivegovernments, reflected in the Scottish Ministerial Code and the provisions of theFreedom of Information (Scotland) Act 2002, is that the fact and content oflegal advice is not revealed.
All that amendment 55 seeks to do is to create a code of practice to ensure that assisted dying interacts appropriately with hospices and other providers of palliative and end-of-life care.
Another practice that we have started with our reports is that we have agreed with GPs in Tayside the coding that it would be beneficial for them to record after we have done diagnostic assessment, so that we can look at that data.
We were the first service to have a code of ethics for policing. Our chief constable came out and said openly that systemic issues in Scottish society inevitably come into the service when we recruit from our communities and try to represent them in our workforce.
We have set up a purchase order—a separate project code—for the money so we will be able to ring fence it and get proper approvals to say whether a proposal fits the capital expenditure criteria.
The chief medical officer and his colleagues helpfully suggested that codes are used for registrations that may allow for that information to be captured in a way that respects and acknowledges the sensitivity of what we are discussing.
If John Swinney is confident that he did not mislead the Parliament—or the communities or campaigners who will have heard his comments—he should refer himself to his own newly appointed independent adviser on the ministerial code, surely confident that they will clear him of any breach.