There is ‘urgent’ need for clarity in the law over assisted dying, say experts

A Bill to introduce assisted dying for Holyrood is a “long overdue step” towards reforming the law in an area where there is “an urgent need for clarity”, legal experts said.

Professor James Chalmers, from Glasgow University, and Dr Sarah Sivers, from Robert Gordon University, raised concerns that the  current “lack of legal clarity” risks health care staff and family members being prosecuted if they help a terminally ill person to end their life.

They spoke ahead of a key vote on Tuesday on Liberal Democrat MSP Liam McArthur’s Assisted Dying for Terminally Ill Adults (Scotland) Bill.

The MSP insisted there is a “clear and compelling” case for backing his Bill which aims to give adults suffering from the advanced stages of a terminal illness the right to seek help to end their life.

But it will not proceed if MSPs vote against the general principles when the Bill comes before Holyrood next week.

Ahead of that, Prof Chalmers and Dr Sivers, together with Dr Andrew Tickell, a senior law lecturer from Glasgow Caledonian University and Adrian Ward, an expert in adult incapacity law who works with Edinburgh Napier University, spoke to parliamentarians about the issue on Wednesday

In a statement, Prof Chalmers and Dr Sivers said: “The introduction of this Bill is a welcome and long-overdue step toward reforming an area of law that has remained unaddressed for far too long.”

They spoke out to “highlight the urgent need for clarity in the law surrounding assisted dying”.

The two experts said: “Currently, under Scots law, there is no dedicated statute; minimal and often confusing case law; and no prosecutorial guidelines from the Lord Advocate.

“This lack of legal clarity places healthcare professionals and family members at risk of prosecution for homicide for assisting a terminally ill person to die – an act that is lawful and regulated in several other jurisdictions.”

They added: “The Scottish Parliament must take this issue seriously and give it the detailed consideration it deserves.

“Clear regulation and oversight are desperately needed, and we urge Parliament to give this Bill the detailed and thoughtful scrutiny it deserves.”

Mr McArthur welcomed the “intervention from such senior legal experts”, adding that “they present a strong legal argument for why the law on assisted dying has to change”.

He said their input would be “invaluable” for MSPs as they prepare to make a decision on if the legislation should continue.

Mr McArthur added: “Taken alongside the evidence from other countries showing that laws like the one I propose work well, the wishes of dying people and the testimonies of those who have watched a loved one experience a harrowing death, the case for passing the principles of this Bill next week, and indeed the law on assisted dying, is clear and compelling.”