'Doctor shopping' fears as Holyrood committee refuses to take assisted dying position

A Holyrood committee has declined to give a position to MSPs on whether the should support the Assisted Dying Bill.

A Holyrood committee has raised concerns over “doctor shopping” by those seeking an assisted death - with a crunch historic vote on the legislation expected to take place in the next fortnight.

Liberal Democrat MSP Liam McArthur will see his legislation to legalise assisted dying in Scotland go before MSPs in a stage one vote next month.

Liberal Democrat MSP Liam McArthur is advancing his Assisted Dying for Terminally Ill Adults (Scotland) Bill through Holyrood | Jeff J Mitchell/Getty Images

The Scottish Parliament’s Health, Social Care and Sport Committee has declined to give a recommendation about whether MSPs should back the bill at stage one, instead concluding it is “a matter of conscience” for individual politicians.

But the cross-party committee has called for “additional safeguards against so-called 'doctor shopping'” to be looked at if the legislation passes its first vote at Holyrood.

Read more: Entire Assisted Dying Bill may be beyond Holyrood's powers, warn legal experts

In its written report, the committee has pointed to evidence it received over “the prospect that there may be a risk, under the legislation, of individuals engaging in so-called 'doctor shopping', whereby they would seek multiple opinions from multiple doctors in an effort to have their request to access assisted dying ultimately accepted”.

The Mental Welfare Commission for Scotland has argued for “creating a central register of psychiatrists involved in assisted dying as a means of combatting the potential risk of doctor shopping”.

The committee has stated that it “may be beneficial to explore further, via amendments, the potential additional safeguards against 'doctor shopping…including creation of a central register of psychiatrists or an independent body or ethics committee to oversee, monitor and review medical practitioners' decisions”.

Ahead of the vote, the committee has warned over the “likelihood and seriousness of a perceived risk that the Bill may be subject to human rights based legal challenge” that could “result in eligibility for assisted dying being extended over time”.

Read more: Legalising assisted dying would have prevented my father 'brutally' taking his own life - former MP

The panel has also raised caution over “the extent to which it strikes an appropriate balance between providing a right for terminally ill adults to access assisted dying and the requirement to protect vulnerable groups”.

Committee convener Clare Haughey, said that “ultimately, our committee believes the Stage 1 vote is a matter of conscience for each individual MSP”.

She added: “However, should the Bill progress to Stage 2, we have highlighted a number of areas which we feel will require further consideration before the Bill can become law. These include issues around human rights, coercion, eligibility criteria, provision of assistance, self-administration and conscientious objection for healthcare workers.

“We also recognise that there are particular complexities associated with those aspects of the Bill which extend beyond the limits of the powers currently devolved to the Scottish Parliament. If the Parliament approves the Bill at Stage 1, there will need to be an open and constructive dialogue between the Scottish and UK Governments to resolve these issues and to allow the Bill to take full legal effect.”

First Minister John Swinney speaking at Merchants House of Glasgow | Jeff J Mitchell/PA Wire

First Minister John Swinney told The Scotsman that he has “not yet” decided whether he will support the legislation at the first crunch vote.

He added: “What I have said to myself is that I will wait until the committee report is published, I will read it in its entirety - I’ve been looking at a lot of the evidence as it has been working its way through parliament.

“I will consider it (the report) and make my views clear before the stage one debate.”

Read more: Scottish assisted dying opponents 'scaremongering and spreading misinformation'

Responding to the report being published, Mr McArthur welcomed the document highlighting his Bill being “about striking the balance between providing a right for terminally ill adults to access assisted dying and the requirement to protect vulnerable groups”.

He added: “In my view compassion and safety are the cornerstones of my proposals. In changing the law to allow dying people more choice, while putting in place vital safety measures where none currently exist, we will get that balance right.

"While I am committed to introducing assisted dying in Scotland, I recognise the importance of ensuring any legislation works as intended. Robust parliamentary scrutiny is key to achieving that and I will reflect on the committee’s various recommendations to see what amendments might be needed at Stage 2 should MSPs back the general principles of the bill next month.

“The public polling is consistent across age range, disability status, geographic area and religious belief: Scots want a change in the law to allow terminally ill people the choice of an assisted death. This bill has been a long time coming but, at long last, it can offer that compassionate choice for the small number of terminally ill Scots who need it.”