Health Secretary ‘engaging’ with UK Government on assisted dying Bill

A formal request will be made to the UK Government to “take the necessary steps” to resolve issues around the legislative competency of proposed assisted dying laws for Scotland, the Health Secretary has confirmed.

Neil Gray said he has been “engaging” with Westminster and “developing proposals which will be put to the UK Government as a formal request”.

It comes as parts of the Assisted Dying for Terminally Ill Adult (Scotland) Bill lie outside of devolved powers.

In a letter to Holyrood’s Health Committee, Mr Gray said parts of the Bill concerning the “approved substance” a terminally ill person would take to end their life and the regulation of health professionals are areas where power is reserved to Westminster.

He said his letter to the UK Government seeks its views on “the steps that they might be willing to take to try to resolve these competence issues”.

He added that both governments are “mindful of the challenging timescales that we are working to” ahead of next year’s Holyrood election in May.

The Bill, which has been brought forward by Liberal Democrat MSP Liam McArthur, passed its first vote in the Scottish Parliament but still faces further scrutiny by Holyrood’s Health Committee and a final vote by MSPs before it can become law.

The Scottish Government is taking a neutral stance on the legislation, with MSPs from all parties being given a free vote on the matter.

Mr McArthur welcomed the confirmation from the Health Secretary that “both the UK and Scottish governments are working together to make sure that a truly comprehensive, safe and compassionate assisted dying law can operate in Scotland”.

He added: “At the outset of this process, the Presiding Officer certified that the Scottish Parliament has the powers to pass the Bill but I have always been clear that some additional measures would be required to be put in place in order for the law to work as intended.

“As the Scottish Parliament has passed the general principles of my Bill, this joint work to put those measures in place is certainly timely as we now increase our focus on safe and successful implementation.”