Tanni Grey-Thompson: Assisted dying plans in Scotland pose 'real risk' to disabled

Legalising assisted dying in Scotland would pose a "very real risk" to the quality of life of disabled people, paralympic multi-gold medallist Baroness Tanni Grey-Thompson has warned.

She told MSPs the practice "introduces a value judgement that some people – disabled people – are ‘better off dead’".

It came as Police Scotland warned the definition of “terminally ill” used in the proposed legislation is “overly broad”.

Tanni Grey-Thompson | Getty Images for Laureus

Meanwhile, Social Work Scotland, the professional leadership body for the social work profession, suggested the minimum age should be raised from 16 to 26 due to brain development.

The Assisted Dying for Terminally Ill Adults (Scotland) Bill would give people over the age of 16 with an advanced terminal illness the option of requesting an assisted death. It is the third time MSPs have considered the issue, with two previous attempts to change the law overwhelmingly defeated.

In a written submission to Holyrood's health committee, Baroness Grey-Thompson said: "Legislating for assisted suicide and/or euthanasia has a psychological and practical effect on the lives of disabled people, posing a very real risk to the quality of life of Scotland’s disabled population."

She said it "affects societal attitudes towards disability", adding: "Allowing this practice in any case introduces a value judgement that some people – disabled people – are ‘better off dead’. 

"For example, often symptoms like pain, incontinence and dependence on others are cited as reasons the dying process is undignified; and so, those unfortunately experiencing such symptoms should be allowed to die. But what does this mean for disabled people who resolve to live with these symptoms, not just for the final few months or year, but every day of their lives?

"For a society to claim it can offer suicide prevention to some (disabled people), and death on demand to others (in this case, the terminally ill), is the highest degree of cognitive dissonance. 

"Many disabled people fear that to show any signs of melancholy, struggle with their disability, or frustration with their suffering, would be to affirm a wish to die. And what about the safeguards which proponents say will prevent disabled people from falling through the net? The proposed definition of terminal illness in the [Bill] is so vague that it would certainly include many disabled people."

The 11-times Paralympic gold medallist has repeatedly spoken out against assisted dying. She said Scottish disabled people "would likely be extremely vulnerable to a lack of safeguarding".

She added: "Assisted dying may seem like just an issue for the terminally ill, but I ask the committee to consider how every Scottish disabled person will be affected by the Assisted Dying for Terminally Ill Adults (Scotland) Bill, if it becomes law."

In its submission to the committee, Police Scotland pointed out a person is defined as terminally ill in the Bill if they have “an advanced and progressive disease, illness or condition from which they are unable to recover and that can reasonably be expected to cause their premature death”.

It added: “This definition seems to be overly broad, and open to varying interpretations. When scrutinising the Bill, it may be helpful for the committee to consider amending this provision to make the parliamentary intention here clearer.”

The force, which is neutral on the proposals, also suggested there should be an opportunity for outside agencies to “share any concerns regarding domestic abuse and/or coercion”, and called for clarity around other aspects of the Bill.

Meanwhile, Social Work Scotland said the United Nations Convention on the Rights of the Child defines a child as under 18.

It added: “Given the significance of an assisted dying decision and the complexities where guardianship is involved, we also encourage consideration of what brain development research means for decision making to inform whether the age criteria should be set at 26 years or over.”

The Royal College of Nursing (RCN) Scotland, which also has a neutral stance on the proposals, said a separate, dedicated assisted dying service should be established if the legislation is passed by MSPs. It said existing services are “under resourced and struggling”.

It also called for more safeguards for health professionals, and said there needed to be “absolute clarity” about what the legislation means in practice.

RCN Scotland added: “For example, does ‘provide a terminally ill adult with an approved substance’ mean setting a cup containing the substance down on a table next to the individual or would it be permitted to place a cup within an individual's hand? Our legal advice is extremely clear that if an individual struggled to take the substance, and a nurse was to help them lift the cup to their lips, the nurse could be prosecuted for murder.

“Given the importance of these issues, and the risk of prosecution, explicit guidance is needed to define where the line lies, in order to protect health professionals as well as to safeguard people accessing an assisted death.”

Holyrood’s health committee received thousands of responses to a call for views on the legislation.

Liam McArthur, the Liberal Democrat MSP behind the legislation, said he was “pleased to see a majority of respondents declaring their support for my Bill and rightly emphasising the importance of reducing suffering and upholding personal dignity and autonomy”.

He said: “The Bill I have put forward will give terminally ill, mentally competent adults the option to control the manner and timing of their death.

“It will introduce practical measures that make end-of-life care safer and fairer for all. It is based on evidence and grounded in compassion.

“Safety is woven into the fabric of the bill with measures to assess eligibility, protect against coercion, ensure rigorous medical oversight and robustly monitor every part of the process.”

Mr McArthur added that “harrowing testimonies” from some of those who had responded to the consultation showed “that what we have right now does not work to keep dying people, their families and other vulnerable people safe”.

He said: “I look froward to making the case for greater choice and compassion to the committee as they undertake their detailed scrutiny of the Bill.”

Earlier this year, a poll found more than three-quarters of Scots backed assisted dying legislation. A survey by campaign group Dignity in Dying found at least a two-thirds majority in every constituency and region in Scotland, with a 78 per cent average overall support.