'Persuasive' argument to raise proposed assisted dying age limit to 18

Concerns have been raised about the age limit for proposed assisted dying legislation being set at 16.

The MSP behind proposals to legalise assisted dying in Scotland says there is a “persuasive” case to raise the age limit to 18.

Should Liam McArthur MSP’s bill become law, it would allow an assisted death for all terminally ill, mentally competent adults over the age of 16 - however similar legislation being considered in Westminster would put the age limit to 18.

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Last week a senior Police Scotland officer also raised concerns the lower age limit north of the Border could make Scotland an “attractive place” for people seeking an assisted death.

Liberal Democrat MSP Liam McArthur published his Assisted Dying for Terminally Ill Adults (Scotland) Bill in March this yearLiberal Democrat MSP Liam McArthur published his Assisted Dying for Terminally Ill Adults (Scotland) Bill in March this year
Liberal Democrat MSP Liam McArthur published his Assisted Dying for Terminally Ill Adults (Scotland) Bill in March this year | Jeff J Mitchell/Getty Images

Mr McArthur was questioned on his bill to legalise assisted dying by Holyrood’s health committee, where he was asked if the age limit should be raised to 18 as the UN convention on the rights of the child applies to 16 and 17 year olds.

He said: “You could make a string of arguments for both.

“The rationale for opting for 16 is that is the age of adult capacity for making medical decisions in Scotland.

“But we’ve also heard evidence from other jurisdictions such as states in Australia and the US where it is 18, and the bill introduced in Westminster has a similar age limit, so I am keen to reflect further should the bill pass at stage one.

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“I think the arguments for setting the age level at 18 are persuasive, but I think the reason for opting for 16 is that’s the age where individuals are deemed to have capacity in relation to their care and treatment.”

The Lib Dem MSP also said it was important to listen to young people’s views on this legislation as they have “very clear personal experience” of watching family members go through bad deaths, and said if the age is increased to 18, these views should be taken into account.

However Mr McArthur added the number of 16 and 17 year olds seeking an assisted death would be “exceptionally low, potentially zero”.

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It is estimated around one per cent of the people who die in a year in Scotland would have an assisted death should this legislation go ahead.

This comes after Assistant Chief Constable Steven Johnson warned the differences between the two assisted dying bills in Holyrood and Westminster could “make Scotland an attractive place to come”, particularly if there is a difference in the age limits.

The Scottish bill also says someone must be “ordinarily resident” in Scotland for 12 months to be eligible for assisted dying, something Mr Johnson says could be problematic and leave police officers with an increased burden on investigations.

However Mr McArthur says he is “fairly comfortable and not concerned” about the legal definition of this in his bill.

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During his appearance at the health committee, he said: “‘Ordinarily resident’ is phrased in such a way as to accommodate situations where individuals work outwith Scotland for a period or are on a prolonged holiday, but for all intents and purposes they live in Scotland and are registered with a medical practice here, which is another requirement.

“The terminology is fairly commonly used in the law, but perhaps less so in criminal law where Police Scotland come into contact with this more often.

“I don’t see it as problematic.”

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