Assisted dying Scotland: The expected amendments to be considered ahead of next vote

MSPs are poised to attach amendment’s to Liam McArthur’s assisted dying legislation.

Liam McArthur’s assisted dying legislation has passed its first hurdle in becoming law - but MSPs will have the chance to make amendments to the Bill before a final vote is taken for it to become law.

The Liberal Democrat MSP pleaded with his colleagues, some of whom did not fully back the Bill as proposed, to support his plans at Tuesday’s stage one vote - in the hope that amendments could be added at the stage two committee part of the process and ahead of the stage three final vote that would satisfy concerns about the legislation.

Liam McArthur’s assisted dying legislation will move to the stage two amendment phase | Lisa Ferguson/National World

Many MSPs stated this was the position they were taking - that they would not vote in favour of the final Bill as it stands - but lent their support for amendments to be added and for the plans to receive more thorough scrutiny.

The Scotsman takes a look at some of the potential areas where amendments could be made by Mr McArthur himself, concerned MSPs or even the Scottish Government.

READ MORE: Scotland's assisted dying law passes landmark first step - but the really hard work begins now

Although yet to be confirmed, it is expected that the stage two amendments phase is likely to take place in September.

Age limit reduced

We know Mr McArthur will put forward an amendment to limit the age people can apply for an assisted death from 16 to 18 years old.

The move comes following concerns raised that 16 was too young, despite this being the legal age of responsibility in Scotland. It is not thought that the amendment will significantly change the numbers of people able to apply for an assisted death - with the vast majority of those taking the option forward likely to be elderly.

Coercion fears

Concerns over coercion were raised by several opponents who voted against the assisted dying legislation - as well as those who supported the Bill at stage one .

It is likely that some amendments will be tabled to try to tighten up this part of the legislation - but it remains unclear how that would work in practical terms.

READ MORE: Assisted dying Scotland: Here is how every politician voted on Bill at the Scottish Parliament

Holyrood’s health committee, in its report of the legislation, pointed to a “particular interest in potential alternative models for assessing coercion”, including embedded in the UK Human Tissue Act, which set up a regulator to ensure coercion is not at play.

Medical opt-out

The majority of medical and health institutions such as the British Medical Association (BMA) have taken a neutral stance on the assisted dying bill but have called for medics to be given a wider ability to opt out, if they object to the policy.

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

Mr McArthur suggested to The Scotsman that medics could be able to cap the number of assisted dying cases they support in a year - while he has appeared open to expanding the reasoning for opting out beyond conscientious objection.

But Mr McArthur has stressed he would draw the line at institutional opt-out as it would risk undermining the aims of the Bill.

Impact on disabled people

It is almost certain that some form of amendments will be tabled to the assisted dying bill to allay fears the legislation could have an impact on disabled people and a feeling that people with a disability could feel they are a burden.

Labour MSP Pam Duncan-Glancy raised fears the assisted dying legislation could impact on disabled people | Andrew Milligan/PA Wire

Despite the Bill making clear that only those with a terminal illness would qualify for an assisted death, it is likely there will be a conscious effort to address the concerns of disabled people with amendments likely to be tabled.

Definition of terminal illness

Unlike previous attempts to legalise assisted dying, Mr McArthur’s bill states on the face of the bill, even in the title of the legislation, that this is only for those with a “terminal illness”.

But amid fears raised by MSPs, including First Minister John Swinney, that the legislation could be extended in the future, amendments could be made to the Bill, to further define the criteria.

Protesters demonstrate against the Assisted Dying Bill outside the Scottish Parliament (Picture: Andrew Milligan) | PA

Mr McArthur’s definition of terminal illness largely follows that used in social security legislation - but amendments could further tailor the criteria for the purposes of the assisted dying legislation.

There have been calls for a life expectancy requirement to be attached to the criteria in the Bill, an appeal Mr McArthur opposes. Despite him believing who qualifies as terminally ill being best left for professional clinicians, MSPs could attempt to place amendments to do so.

Legislative competence

It could be argued that Holyrood has gone soft on bringing forward contentious legislation - following the Scottish Parliament being on the receiving end of challenges from Westminster. The Scottish Government has had a change in attitude on difficult pieces of legislation that could cause issues south of the Border - with an active move to work in lockstep with Whitehall on some policies.

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

Mr McArthur has undertaken dialogue with the Scotland Office since the start of his four-year campaign, including with previous Scottish Secretary Alister Jack.

But mechanisms to ensure the assisted dying bill can be implemented in relation to cross-border or UK-wide issues, are likely to be attached to the Bill in the form of amendments.

Independent oversight and review

Calls have been made for an independent oversight mechanism to be made part of the assisted dying legislation. This could include the creation of an independent review panel or a potential role for the Chief Medical Officer in monitoring the Bill's implementation.

The assisted dying proposals south of the Border ran into trouble over a plan for decisions to be signed off by a High Court judge.

But Mr McArthur’s Bill for Scotland has been criticised for a perceived lack of provision for the decision of medics to grant an assisted death to be independently reviewed or challenged.

Amendments could be lodged to set this out in the legislation.