Campaigners say legalising assisted dying in Scotland would be ‘uncontrollable, unethical and unnecessary’

Campaigners opposed to legalising assisted dying in Scotland say “no one” should be eligible for an assisted death.

MSPs in the Scottish Parliament are currently considering a bill brought forward by Lib Dem MSP Liam McArthur to legalise assisted dying in Scotland.

A public consultation on the Assisted Dying for Terminally Ill Adults (Scotland) Bill closed on Friday, and MSPs will consider the responses after the summer recess.

However campaigners from Care Not Killing say this should not be legalised, as it would be “uncontrollable, unethical and unnecessary”.

Dr Gordon Macdonald, chief executive of Care Not Killing, wrote to Holyrood’s health, social care and sport committee to outline his group’s opposition to the proposed legislation, saying it should be referred to as “assisted suicide” as calling it assisted dying is a “campaign euphemism”. 

He said: “Legalising assisted suicide would be uncontrollable - once the principle is accepted, it is subject to abuse and extension as lines are redrawn and so-called safeguards are dismantled.

“Any limit other than prohibition is arbitrary and ripe for challenge.

“It would be unethical - legislation makes it a cheap treatment option to be routinely offered alongside others.

“Saying some suicides are to be prevented and others assisted necessarily undermines suicide prevention initiatives and devalues lives.

“And it is unnecessary - end-of-life suffering and constraints on living with dignity are often rooted in a lack of access to care and support.

“Sue Ryder estimates that up to 90 per cent of people dying in the UK have palliative care needs (and the number of people requiring palliative care in Scotland is projected to increase by 14 to 20 per cent by 2040) but less than 50 per cent have access, driven by geographical, diagnostic and personal inequalities, with too many unable to access 24/7 support and too many reliant on financially vulnerable hospices.”

Dr Macdonald also raises concerns about 16 and 17 year olds being able to choose an assisted death without consulting their parents, opposition amongst clinicians, and concerns about the death certificate of a person undergoing an assisted death having their terminal illness recorded as their cause of death.

He added: “[Healthcare professionals] may be concerned that financial pressures, resource constraints or long waiting times for treatment are the underlying drivers of requests for assisted suicide and that true patient autonomy is not present.

“There is no effective conscience protection in the bill for healthcare staff even though it purports to offer this protection.”

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He also points to similar legislation in Oregon, which he says allows assisted deaths for those with diabetes, anorexia, complications from a fall, hernias, medical care complications and stenosis, adding “that law is technically still tighter than the bill before you”.

If the bill passes, those seeking an assisted death would need to have a terminal diagnosis confirmed by at least two different doctors.

This is actually the third time Holyrood has considered a bill to legalise assisted dying - the late Margo Macdonald and co-leader of the Scottish Greens Patrick Harvie MSP both brought forward their own versions of this legislation, which both ultimately failed.

However those campaigning for a change in the law hope the public mood has shifted in their favour.

In response, Mr McArthur said the current laws are “failing too many terminally ill Scots”, meaning many face an “undignified and sometimes painful death”.

Liam McArthur MSP after publishing his bill to legalise assisted dying. Image: Jeff J Mitchell/Getty Images.

He said: “I have spoken to many people across the country about the harrowing deaths they have witnessed and to dying people facing a series of desperate decisions such as trying to get to Switzerland or taking matters into their own hands.

“It is clear that a new compassionate and safe law is required.”

The Orkney MSP added: “This bill puts much needed compassion and safety in place, it is similar to laws which have been safely and successfully introduced in countries such as Australia, New Zealand and the United States which enjoy strong public support.

“Polling suggests strong support exists for a change in the law but as parliament begins its scrutiny of my bill, I will continue to engage with charities, organisations and my fellow MSPs to understand their perspectives on this important issue.”

The Scottish Government has also been approached for comment.