Assisted dying passes first vote in Westminster, but what does it mean for Scotland?
December 3, 2024
A historic vote for assisted dying in England and Wales has just passed. But what does it mean for us?
Assisted dying and devolution
With assisted dying passing an initial reading at Westminster, terminally ill people in England and Wales could soon be offered choice and compassion at the end of life . However, the Scottish parliament will have to pass a separate bill to legalise assisted dying here. This is because decisions on health policy are devolved in Scotland and Northern Ireland. In other words, they are decided at a national rather than UK-wide level.
Liam McArthur MSP’s bill
The good news? We are already in the process of discussing a bill at Holyrood, and we believe it has a great chance of passing. Liam McArthur MSP’s Assisted Dying for Terminally Ill Adults (Scotland) Bill is very similar to Kim Leadbeater’s bill. It would allow terminally ill, mentally competent adults to apply for an assisted death. The application would have to be approved by two separate doctors. Non-terminal conditions would not be grounds for applying. So, for example, disabled people would not be able to apply unless they were also terminally ill. Laws like this are in place around the world, including Oregon and Australia.
The precedent set by Kim Leadbeater’s bill is really important. Now, Scotland will not be making this step on its own, but in unison with two other nations of the UK. It’s time for compassion and rationality at the end of life.
Progress of the bill
Liam’s bill was introduced in March 2024, and is currently at Stage One of parliamentary scrutiny. That means Holyrood’s Health, Social Care, and Sport Committee, a group of MSPs appointed by their respective parties, is taking evidence on the bill. The committee asked for written evidence between June and August 2024. At the moment, they are halfway through a series of weekly in-person evidence sessions. These involve experts and people with relevant lived experience selected by the committee. The last of these sessions will take place in Spring 2025.
After the evidence sessions have finished, the committee will produce a report. This will examine each part of the bill and make recommendations for amendments. Then, there will be a vote on whether to proceed with the bill. If a majority of MSPs vote in favour of the bill, it will be passed back to the health committee for Stage Two. The committee and other MSPs can suggest amendments, including ones based on the report completed at Stage One. The committee will decide which amendments to accept. Finally, once the bill has been finalised, a final vote will take place (Stage Three). Additional amendments can also be recommended and voted on at this point. If this final vote passes, the bill will receive royal assent and become law in Scotland. This whole process is likely to finish at some point during 2025, but the law will take a little longer to come into effect.
How likely is an assisted dying law for Scotland?
Like Kim Leadbeater’s bill for England and Wales, Liam McArthur’s bill is a member’s bill. That means it was proposed by an individual member of parliament, not by the government. Bills like this are only considered as possible laws if enough MSPs vote in favour of doing so. Because assisted dying is considered a “matter of conscience”, no party will pressurise its MPs or MSPs to vote a certain way. That means voting is much less likely to fall along party lines. This can make it harder to predict the outcomes of votes.
We believe Liam McArthur’s bill has a strong chance of becoming law. The precedent set by Kim Leadbeater’s bill is really important. Now, Scotland will not be making this step on its own, but in unison with two other nations of the UK. It’s time for compassion and rationality at the end of life.
You can help us by writing to your MSPs asking them to support assisted dying using the link below.
Tell your MSP the Time is Now for an Assisted Dying law
Please help us reach every MSP in Scotland to ask them to support Liam McArthur’s Assisted Dying bill in Scotland.
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