Scottish Secretary not against ‘principle’ of assisted dying

Ian Murray has said he is not against the principle of assisted dying amid concerns the latest Bill on the issue is not within Holyrood’s powers.

The Scottish Secretary refused to be drawn on whether he would issue a Section 30 order to allow MSPs to pass the legislation, but did not rule it out.

He said the UK Government would have to wait until the Bill, which is going through stage one, is voted on.

The legislation would allow terminally ill adults to request an end to their life.

Those seeking the treatment 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.

Ahead of the legislation being voted on, the Scottish Government has warned that Holyrood may be unable to pass the Bill.

Health Secretary Neil Gray said in a letter to the health committee that aspects of the legislation may require permission from the UK Government.

A “particular concern” stems from the legislation giving powers to ministers to specify the drug that would be used for assisted deaths – with the Scottish Government stating this “appears to relate” to “medicines, medical supplies and poison” – an area where legislation is reserved to Westminster.

While the Scotland Secretary could grant a Section 30 order – which would allow Holyrood to legislate in this area – the Scottish Government said this could take between 12 and 18 months to arrange, adding that this would need to be completed before MSPs could grant final approval to the Bill.

Asked if he would be willing to grant a Section 30 order, Mr Murray told the PA news agency: “We won’t get to that stage until we actually see a Bill that comes forward.

“And we haven’t seen that as yet. We have had the letter from Neil Gray, of course, yesterday, but we wouldn’t analyse any of that until we have a Bill in front of us.”

The Scottish Secretary said assisted dying “as a principle” was a devolved issue and added that he would only look at a Bill “once it comes forward, not before”.

Speaking after an interfaith candle lighting ceremony at the Edinburgh City Chambers, he added: “I don’t disagree with the principle of assisted dying.

“But there’s no point speculating until that Bill is brought forward. It’s quite clear the Bill is going to have to go into the Scottish Parliament. There’ll be a vote there.

“If it goes through, and we have a Bill in front of us, we will then be able to make those decisions.

Mr McArthur said that while Holyrood’s presiding officer Alison Johnstone had “certified that the Scottish Parliament can pass a Bill in this area” he had “always been clear that the Scottish and UK Governments will need to agree to measures that will ensure that a truly comprehensive assisted dying process can operate in Scotland”.

He added: “There are established mechanisms for transferring powers to enable legislation to be fully enacted in Scotland and no reason why these cannot be applied in this case.”

Campaigners against assisted dying say it could lead to terminally ill people feeling pressured to end their life.

Mr McArthur said it would help end the “undignified and sometimes painful death” many Scots currently experience, “despite the very best efforts of palliative care”.

It is the third attempt to make assisted dying legal in Scotland after two bills by the late Margo MacDonald – who had Parkinson’s disease – were voted down.