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

MSPs have approved the general principle of giving people “more choice, compassion and dignity at the end of life” in a historic move by backing assisted dying at the third attempt.

Liam McArthur branded the support of parliament at the stage one vote as a “landmark moment”, adding that “at long last, it can offer that compassionate choice for the small number of terminally ill Scots who need it.”

His Bill, if approved at stage three, will allow terminally ill adults with mental competence to choose to end their lives, signed off by two doctors and after undergoing a period of reflection.

Liam McArthur’s assisted dying legislation have passed the first stage | Lisa Ferguson

MSPs voted 70 to 56 in favour of the legislation proceeding to the next stage of the parliamentary process - with many politicians stressing they have problems with some of the specifics, but wanted to give the proposals the proper scrutiny at upcoming stages.

Mr McArthur stressed that “public attitudes have changed”, adding that “political attitudes have started to catch up”.

Ally Thomson, director of Dignity in Dying Scotland , said the vote was “a watershed moment for compassion”.

She added: “The Scottish Parliament has listened to dying people and is reflecting their views. Many will be feeling overwhelming relief and gratitude that today our country has moved towards a safer and more compassionate law.

“MSPs have voted for choice, safety and compassion. They have expressed the will of the majority of Scottish people and have made history. Now we must make the choice of assisted dying a reality.”

Gordon Macdonald, CEO of Care Not Killing, claimed that “Mr McArthur has a lot of convincing to do before the Bill goes any further”.

He added: "There is massive opposition to the Bill and our campaign will now be stepped up as we prepare for what lies ahead.”

Earlier, an emotional Mr McArthur pleaded with MSPs, even those who adamantly do not back his proposals, that all that was on the line was “whether parliament should be given more time to see if it can agree a Bill that commands majority support”.

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

He appealed to MSPs that “accept that the current ban on assisted dying is resulting in too many bad deaths, traumatising patients as well as family and friends left behind” and “believe in the principle of allowing dying Scots more choice and control over the way in which they die”, to back his legislation.

The Lib Dems MSP warned that it was “surely not tenable for parliament, once again, to say this is all too difficult and to refuse to undertake the work required to see if a Bill that commands majority support and public confidence can be agreed”.

Addressing criticism his proposals have received, he pointed to “strict eligibility criteria” and “processes for multiple assessments including specialist referrals, if necessary.”

Scottish Liberal Democrat MSP Liam McArthur poses has published his Assisted Dying for Terminally Ill Adults (Scotland) Bill. Picture: Jeff J Mitchell/Getty Images

Mr McArthur added: “It contains what I believe are appropriate safeguards which balance this tightly controlled option with access and includes requirements on data gathering, reporting and review to ensure proper oversight.”

Highlighting concerns assisted dying could put undue pressure on disabled people to apply for a premature assisted death, Mr McArthur stressed that “denying dying Scots more choice will not enhance the lives of those with a disability”.

He added: “Nor do I believe it would be acceptable for a person with a disability, who meets the eligibility criteria under my Bill, to be denied the same choice as anyone else.”

Mr McArthur also moved to allay fears that improved palliative care would neglect the need for assisted death, warning “we need both”.

READ MORE: How will MSPs vote on Assisted Dying Bill and what will happen

He added: “Investment in improving the quality of and access to palliative and hospice care, as well as good social care, is imperative.

“It will be what the vast majority of dying Scots continue to rely on even after any change in the law.”

Mr McArthur said Scotland was on the brink of taking “a significant step towards giving terminally ill adults across Scotland more choice”.

He added: “It is a brave step, yes, but one that I believe Scotland is ready to take.

“We can’t continue to leave this issue in the ‘too difficult’ box. That would be unforgivable.”

Concerns raised over safeguards for vulnerable people feeling pressured

MSPs raised several concerns with the legislation - particularly around vulnerable people feeling pressured into going ahead with an assisted death prematurely.

Concerns were also raised about the safeguards put in place in the Bill, while several others simply told Holyrood how they were opposed to the principle of legalising assisted dying.

Pam Duncan-Glancy | Andrew Milligan/PA Wire

In a highly personal speech, Labour MSP, Pam Duncan-Glancy, the Scottish Parliament’s first permanent wheelchair user, urged her colleagues to “stand up for disabled people” and reject the proposals.

She warned that “the Bill is the start of a slippery slope”.

She said: “If it passes, there will be a risk it will be easier to access help to die than help to live. I cannot support that.”

Ms Duncan-Glancy warned that if the legislation moves forward, it could “legitimise a view that a life like ours, one of dependence and often pain, is not worth living”.

She added: “It is the internalised, everyday ableism and discrimination that makes us feel that we can’t go on.

“The extent of internalised coercion, the risk that we choose to die and the state will help is real with this Bill.”

Ms Duncan-Glancy pointed to “the systemic coercion that makes us consider, for just a moment, that we'd be better off dead”.

She added: “It is inconceivable to suggest that the introduction of assisted suicide is about choice at the end when so many people do not have choice throughout life.”

SNP Health Secretary Neil Gray, stressed the Scottish Government was remaining neutral, with him abstaining on the vote.

In his remarks, he restated the Scottish Government's commitment to palliative care, adding the debate was "not a choice of one or the other".

Scottish Labour deputy leader Dame Jackie Baillie | PA

Scottish Labour deputy leader, Jackie Baillie, said she was unable to support the legislation, pointing to “unintended consequences”.

She added: “There is too much that has not yet been scrutinised.”

Pointing of arguments of choice, Dame Jackie added that we are “not yet really giving people the choice of good palliative care”.

She added: “I worry about the safeguard. I don't want anyone to be coerced into taking their own life. I don't want anyone to believe that they might be a burden to their families and feel a misplaced sense of duty to end their life prematurely.

“There is too much that has not yet been scrutinised. I appreciate Liam McArthur’s willingness to consider stage two amendments but there is a lot to be changes and this will not have the same level of scrutiny that the original Bill had at stage one.”

Conservative MSP Dr Sandesh Gulhane

Conservative MSP, Dr Sandesh Gulhane, warned the chamber that there was currently a divide for people with a terminal illness who could afford it to choose to end their life.

He said: "Those in pain and suffering with financial means travel to places like Dignitas in Switzerland to end their life on their own terms.

“Those without such resources are let to suffer -a rule for the wealthy and another for everyone else. That cannot be right.”