Assisted Dying for Terminally Ill Adults (Scotland) Bill

Liam McArthur MSP introduced this Member’s Bill. It will allow terminally ill adults in Scotland, who are eligible, to lawfully request, and be provided with, assistance by health professionals to end their own life.

This is a Member's bill

The Bill was introduced on 27 March 2024 and is at Stage 1

Stage: Introduced Stage: Stage 1 Stage: Stage 2 Stage: Stage 3 Stage: Act

This Bill is at Stage 1 of the process to decide if it should become an Act.

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Overview

Liam McArthur MSP has introduced this Member’s Bill. It will allow terminally ill adults in Scotland, who are eligible, to lawfully request, and be provided with, assistance by health professionals to end their own life.

To be eligible to be provided with assistance to end their life, a person must:

be terminally ill (have an advanced and progressive disease, illness or condition which they cannot recover from, and which is expected to cause their premature death)
be aged 16 or over
have been resident in Scotland for at least 12 months be registered with a GP practice in Scotland
have sufficient capacity to make and understand the decision

Two doctors are required to assess a person as being eligible to be provided with assistance to end their own life. Both doctors also need to be satisfied that a person is acting voluntarily, without being coerced or pressured.

If confirmed as eligible, a terminally ill adult can lawfully be provided with an approved substance by a health professional. They can choose to administer this substance to themselves to end their life. Assisting death outside of what is set out in the Bill would remain unlawful.

Why the Bill was created

Liam McArthur MSP believes adults that have an advanced and progressive terminal illness should be able to decide how and when their life should end.

Mr McArthur believes that the law in Scotland should allow access to safe and compassionate assisted dying for those who meet the criteria and want it, alongside other palliative and end of life care options. He does not believe that terminally ill adults should have no alternative to the prospect of a prolonged, painful and traumatic death.

Mr McArthur believes that the lawful provision of assisted dying for terminally ill adults in Scotland will allow people autonomy, dignity and control over the end of their life, and help to make Scotland a more compassionate society.

All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:

Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.

Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.

Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.

Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.

Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.

Additional member in charge

Jackson Carlaw MSP is the additional member in charge for the Assisted Dying for Terminally Ill Adults (Scotland) Bill.

The Member who introduces the Bill is also, in the first instance, the ‘Member in charge’ of it. They may choose to name an ‘additional Member in charge’. This gives the Member in charge an assurance that any necessary procedural steps can still be taken if they are unavailable for a period or on a particular occasion.

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.

For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:

it would be likely to increase public spending significantly
it would be likely to increase taxation, or would require certain payments to be made.

If a Bill requires a Financial Resolution:

only the Scottish Government can propose it, usually at the end of Stage 1
until a Financial Resolution is agreed, Stage 2 can’t get under way.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Research briefing on the Assisted Dying for Terminally Ill Adults (Scotland) Bill

The Bill was introduced on 27 March 2024

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Lead committee examines the Bill

The lead committee for this Bill is the Health, Social Care and Sport Committee.

The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.

Lead committee's approach to scrutiny of the Bill

The Committee agreed an initial approach to its scrutiny of the Assisted Dying for Terminally Ill Adults (Scotland) Bill at Stage 1 at its meeting on 21 May 2024.

Further information on the Committee’s approach to scrutiny in relation to this Bill and how it will handle information can be found in its Written statement on the handling of information and evidence.

If you have any further queries about the Committee’s scrutiny of the Bill, please contact the Clerks to the Committee by emailing [email protected].

Call for views (closed)

The Committee issued two calls for views which were open for submissions between Friday 7 June and Friday 16 August 2024: 

a short call for views for people who wished to express general opinions about the Bill as a whole
a detailed call for views for people, groups, bodies or organisations who wished to comment on specific aspects of the Bill.

Read the responses to the detailed call for views on Citizen Space

Read the overview of results (297KB, pdf) posted 19 September 2024

Read the summary of responses to the short call for views (339KB, pdf) posted 07 November 2024

Read the analysis of responses to the detailed call for views (2MB, pdf) posted 07 November 2024

Data tables from the call for views are available to download:

Download data tables for Figures 1 and 2 from the overview of responses (26KB Excel document)

Download all published responses received (3.7MB Excel document)

Provisional timetable of evidence

The Committee agreed the following programme of evidence at its meeting on 1 October 2024.

Week 1 - 5 November

Introduction by the Non-Government Bills Unit (in private)
Consideration of the implementation of Assisted Dying in other jurisdictions

Week 2 - 12 November

Legal, human rights and equalities considerations
Mental health considerations, including safeguards, assessing capacity and psychological support

Week 3 - 19 November

Impact on, and considerations for, healthcare professionals
Impact on, and considerations for, palliative care

Week 4 - 7 January

Informal engagement with adults with learning disabilities (in private)

Week 5 - 14 January

Impact on, and considerations for, those with long-term conditions
Impact on, and considerations for, disabled people

Week 6 - 21 January

Groups that support assisted dying
Groups that oppose assisted dying

Week 7 - 28 January

Considerations of the Bill for law enforcement
Scottish Government

Week 8 - 4 February

The Member in charge of the Bill

Meetings of the lead committee

21 May 2024

Read the Official Report of the meeting

Watch the meeting on Scottish Parliament TV

Read the agenda, papers and minutes for this meeting

24 September 2024

Read the Official Report of the meeting

Watch the meeting on Scottish Parliament TV

Read the agenda, papers and minutes for this meeting

01 October 2024

Read the Official Report of the meeting

Watch the meeting on Scottish Parliament TV

Read the agenda, papers and minutes for this meeting

Correspondence: lead committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill Letter to Humanist Society Scotland

Letter from Convener of HSCS Committee to CEO of Humanist Society Scotland concerning the evidence programme for the Assisted Dying for Terminally Ill Adults (Scotland) Bill, 8 November 2024

Assisted Dying for Terminally Ill Adults (Scotland) Bill Letter to Friends at the End

Letter from Convener of HSCS Committee to Convener of Friends at the End concerning the evidence programme for the Assisted Dying for Terminally Ill Adults (Scotland) Bill, 8 November 2024

Assisted Dying for Terminally Ill Adults (Scotland) Bill - Evidence from Australia

Letter from Ben White following his giving evidence on 5 November, 7 November 2024

Assisted Dying for Terminally Ill Adults (Scotland) Bill - Evidence from Australia

Letter from Julian Gardner AM following his giving evidence on 5 November, 7 November 2024

Assisted Dying for Terminally Ill Adults (Scotland) Bill - Financial Memorandum

Letter from Liam McArthur MSP to the HSCS Convener concerning the Financial Memorandum of the Assisted Dying for Terminally Ill Adults (Scotland) Bill, 18 October 2024

See a full list of Stage 1 correspondence for this committee

Work by other committees

If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.