First Minister still ‘wrestling’ with view on assisted dying

Scotland’s First Minister has said he is still “wrestling” with whether he believes in assisted dying.

John Swinney said he had not come to a “final view” on whether Scots should have the right to end their life.

Speaking to journalists following a speech at the Edinburgh Futures Institute on Monday, however, the First Minister said he had “significant” concerns over the proposals in Holyrood to give 16 and 17-year-olds that right.

Liberal Democrat MSP Liam McArthur, who brought forward the Bill, said Scots law treats 16-year-olds as adults for the purposes of medical consent which is why that age was chosen but he is “open to discussing amendments on this if that is the will of Parliament”.

The SNP leader voted against the two previous attempts in 2010 and 2015 to legalise assisted dying in Scotland.

The Assisted Dying for Terminally Ill Adults (Scotland) Bill is at stage one in the Scottish Parliament.

The legislation would allow terminally ill people over the age of 16 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.

Mr Swinney said that while the Scottish Government will take a neutral stance on the Bill he will soon outline his views on it.

“I am wrestling with this,” he said. “It is a very difficult issue. I’ve not come to a final view about it.

“I’m going to essentially consider the evidence that’s marshalled by the Health and Sport Committee on this question but I will make my view clear before we get to a stage one view of the Bill.

“And I do recognise the significance of the issue.”

He said there was a “very significant issue” around the minimum age proposed in the Scottish Bill – which is two years younger than similar legislation in England.

Mr Swinney told reporters that he thought there were “many substantive and material issues that have got to be wrestled with”, adding that “an age threshold of 16 is for me a significant issue”.

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

Mr McArthur said: “The current law on assisted dying is failing too many terminally ill Scots, often forcing them to suffer against their wishes despite the very best efforts of palliative care.

“It also results in people taking matters into their own hands in ways that offer no protection to them or their families and no regulation or oversight that provides increased safety for all. It is clear that a new compassionate and safe law is required.

“I am glad that John Swinney is taking his time to consider this issue in depth, having been against it in the past. I am also grateful to him for sparing the time to discuss the issue with me in some detail during his brief period on the backbenches.

“Both public polling and the consultation I conducted showed overwhelming support for a change in the law. There will be MSPs, I know, who would not personally choose the option of an assisted death, however, I would urge each of them to consider whether they should deny that choice to terminally ill, mentally competent Scots who wish to have that option available.

“For the purposes of medical consent, Scots law treats 16-year-olds as full adults, which is why that is the age that is proposed in my bill. However, I am keen to hear the evidence taken by and views of the Health Committee in their scrutiny of my bill and I remain open to discussing amendments on this if that is the will of Parliament.”

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.

Concerns were raised by Scotland’s Health Secretary earlier this month that the Assisted Dying for Terminally Ill Adults (Scotland) Bill may be outside Holyrood’s powers.

Neil Gray said issues relating to lethal drugs that would deliver the treatment may be reserved to Westminster.

Mr McArthur has said he is “very confident” the UK and Scottish Governments would work together on the issue.

Scottish Secretary Ian Murray previously told the PA news agency that he was not against the principle of assisted dying but refused to be drawn on whether he would issue a Section 30 order to allow MSPs to pass the Bill.

Dr Gordon Macdonald, chief executive officer for Care Not Killing, which is campaigning against the Bill, warned against operating “twin track laws in neighbouring countries” which he said “would open up all sorts of cans of worms”.

He added: “We would urge Mr Swinney to vote against the assisted suicide Bill as he did in the past since the dangers inherent in changing the law remain unchanged.”