Scotland's assisted dying law passes landmark first step - but the really hard work begins now

Liam McArthur is due praise for his assisted dying legislation - but the campaign to change the law is far from over.

Holyrood has made history in pushing forward plans to legalise assisted dying - but the contentious issue is anything but settled.

Although Mr McArthur is due immense credit for bringing forward legislation on assisted dying that have won the support of a majority of MSPs for the general principles of his proposals, they are by no means over the line.

Liberal Democrat MSP Liam McArthur speaks tio suppoters ahead of the vote on assisted dying at Holyrood | Lisa Ferguson

When I spoke to Mr McArthur last week, he insisted that the issue of assisted dying was not “divisive” but acknowledged there are many people with strong views on either side of the debate.

Debate in stark contrast to mudslinging over gender recognition legislation

His demeanour allowed today’s mammoth debate, longer than four and a half hours, to show the Scottish Parliament at its very best - a stark contrast to the mudslinging during the now-doomed gender recognition legislation.

Going by what MSPs raised during the lengthy debate, if the final stage three vote had been held today, Scotland’s assisted dying legislation would have fallen flat.

READ MORE: Assisted dying Scotland: Historic moment as legislation passes first stage at third attempt

Mr McArthur is one of the calmest and most liked MSPs in Holyrood and there is not a single MSP in Holyrood who could say he has not attempted to do all his can and listen to every single voice on his plans. He hasn’t missed a beat.

Labour deputy leader, Jackie Baillie, who voted against the Bill, paid tribute to Mr McArthur, insisting that “you could not pick a better advocate for trying to bring about such a fundamental societal change”.

His legislation has even won praise by some opponents, including First Minister John Swinney.

Liberal Democrat MSP Liam McArthur (left) is congratulated by MSP George Adam after MSPs approved the general principles of legislation which could introduce assisted dying for terminally ill Scots in a landmark vote in the Scottish Parliament in Edinburgh: Andrew Milligan/PA Wire

He was clearly feeling the pressure - the weight of the hopes of campaigners that have been “desperate” for more choice about their final days. Mr McArthur just about held it together as he pleaded with his colleagues to let his Bill proceed to the next stage.

Seventy votes in favour of bill ‘beyond what was expected’

A source close to Mr McArthur told me the 70 votes his Bill was given in the crunch vote was beyond what was expected by the MSP and his inner circle.

But incredibly serious concerns remain over the risk of coercion of vulnerable people, the relationship between medics and patients being irreversibly altered and concerns the legislation, down the line, could be extended - as has been the case in Canada which is now considering offering assisted death to those with severe mental illness.

But it is worth remembering that Mr McArthur’s Bill explicitly states those who go forward with an assisted death are required to have their own mental capacity to choose and the name of his legislation makes crystal clear - this is restricted to those who are “terminally ill”.

Choice has been the crucial part of this improved version of assisted death legislation and it is evident Mr McArthur’s work around making this a genuine choice has been vital in gaining enough support from MSPs.

READ MORE: Plan to 'cap' doctor involvement in Scotland's assisted dying plans as 'sceptical' claims addressed

But it is difficult not to be gripped by every world from Labour MSP Pam Duncan-Glancy, herself someone with a disability, who starkly warned that "systemic coercion” makes disabled people feel, “we'd be better off dead”. With the state potentially offering to support that aim, as lacking in nuance as that worry was raised by the Labour MSP, it is almost impossible to ignore.

But a majority of MSPs have been convinced that the general principle of allowing assisted death to be legalised in Scotland, should move forward. Even if the legislation falls at the final hurdle, this is a huge moment for Scotland, our society, our NHS and our perspective on end of life care.

But if assisted death is to become legal in Scotland, there are a host of fundamental, difficult and concerning issues that voices on both sides of the debate need answers on. For Mr McArthur and the campaigners, including Dignity in Dying - who have battled tirelessly to get to this stage, now the hard work really begins.