John Swinney says he is still 'wrestling' with assisted dying plans

John Swinney has said he is yet to make up his mind on assisted dying, with the planned age threshold of 16 a “significant issue”.

The First Minister said it was a "very difficult" topic but he would make his final views known before the legislation is debated in Holyrood.

The Assisted Dying for Terminally Ill Adults (Scotland) Bill has been brought forward by Liberal Democrat MSP Liam McArthur. 

It would allow terminally ill adults to request an end to their life. To be eligible, they would have to have been a resident in Scotland for at least a year, be registered with a GP in the country and be mentally competent.

The Scottish Government previously warned aspects of the legislation may be outside of Holyrood's powers. 

Similar legislation has been introduced in Westminster, although it sets the age threshold at 18.

Speaking to journalists, Mr Swinney said the Scottish Government will maintain a neutral position on the proposal.

He added: "In relation to my personal opinion, I am wrestling with this. It is a very difficult issue. I've not come to a final view about it. 

"I'm going to, essentially, consider the evidence that is marshalled by the health and sport committee on this question, but I will make my views clear before we get to a stage one view of the Bill, and I do recognise the significance of the issue.

"You put to me specifically the issue of age, which I think is a very significant issue of itself, of difference between the Scottish and the rest of the United Kingdom legislation. 

"I think that is one of many substantive and material issues that have got to be wrestled with."

Mr Swinney continued: "Of itself, an age threshold of 16 is, for me, a significant issue to wrestle with."

The First Minister previously opposed plans to legalise assisted dying in Scotland, voting against them in 2010 and 2015.

Mr McArthur said the current law is “failing too many terminally ill Scots, often forcing them to suffer against their wishes despite the very best efforts of palliative care”.

He added: “It also results in people taking matters into their own hands in ways that offer no protection to them or their families and no regulation or oversight that provides increased safety for all. It is clear that a new compassionate and safe law is required.

“I am glad that John Swinney is taking his time to consider this issue in depth, having been against it in the past. I am also grateful to him for sparing the time to discuss the issue with me in some detail during his brief period on the backbenches.

“Both public polling and the consultation I conducted showed overwhelming support for a change in the law. There will be MSPs, I know, who would not personally choose the option of an assisted death, however I would urge each of them to consider whether they should deny that choice to terminally ill, mentally competent Scots who wish to have that option available.

“For the purposes of medical consent, Scots Law treats 16 year olds as full adults, which is why that is the age that is proposed in my bill. However, I am keen to hear the evidence taken by and views of the health committee in their scrutiny of my bill and I remain open to discussing amendments on this if that is the will of Parliament."