Ex-health secretary says assisted dying Bill has ‘fundamental deficiencies’

Former Holyrood health secretary Michael Matheson has called on MSPs to reject a Bill to legalise assisted dying, insisting there are “fundamental deficiencies” with the proposals.

Mr Matheson said the proposed legislation, brought forward by Liberal Democrat MSP Liam McArthur, is “fatally compromised by safeguarding failures”.

And with the Assisted Dying for Terminally Ill Adults (Scotland) Bill due to face its final vote at Holyrood next month, the former SNP minister said that issues with the proposals “cannot be resolved in time”.

His comments came after MSPs voted down a Bill from independent Ash Regan, which aimed to criminalise those who buy sex from prostitutes.

That vote came after the Scottish Government said, despite supporting the principle of this, there was insufficient time before the Holyrood elections in May to make necessary changes to the legislation.

Referencing this, Mr Matheson said: “Colleagues voted down Ash Regan’s Bill because it was felt that the issues could not be overcome in the time we have left this term.

“I put it to colleagues that the Assisted Dying Bill is fundamentally deficient, and that these issues cannot be resolved with time.”

Under Mr McArthur’s proposals, a person would require two doctors to confirm they are terminally ill and have the mental capacity to request an assisted death.

But Mr Matheson said that as “vital provisions on conscience protections” for doctors and other medical professionals who do not wish to take part in the process are outside of Holyrood’s powers, MSPs would “have to trust UK Ministers to act” in this area.

The former secretary insisted: “I find that totally unacceptable on a Bill of this gravity that would only apply to people living in Scotland.”

Mr Matheson spoke out on the issue two years after stepping down as health secretary in the Scottish Government in the wake of a row over his expenses, after running up a bill of £11,000 for using his Parliament-issued iPad while on a family holiday to Morocco.

The MSP went on to state: “At this late stage, it’s also clear that the Bill is fatally compromised by safeguarding failures.

“Experts in coercion say it would evade detection by doctors who are not specialists in spotting the signs.”

And while Mr McArthur is now said to support limiting access to assisted dying to terminally ill adults with six months or less to live – bringing his proposals in line with those in England – Mr Matheson noted “one in five people given six months to live goes on to live for years”.

He insisted the Bill has “fundamental deficiencies” and that “no amendment could fix them”.

Instead, the former health secretary said that better palliative care is the best way to help those people diagnosed with a terminal illness.

Mr Matheson said: “Cases involving people who travelled to Switzerland could have been resolved by better care in the UK. This must surely be our priority.

“Palliative care is effective and ethical. It does not raise safeguarding issues in areas such as coercion, unlike Mr McArthur’s legislation.

“Palliative care complements suicide prevention. No patient is given the idea that their life is not worth living, unlike under assisted suicide laws.”

Mr McArthur said: “Michael has been a long-time opponent of assisted dying so while I appreciate he is entitled to his opinion, it is not one that I share.”

But the Liberal Democrat added: “As a former minister, he should be wary of misrepresenting how the legislative process works. My bill cannot come into force until the relevant enabling orders relating to reserved questions of employment law are passed.

“The lodging of such orders is not unusual where aspects of Bills passed in the Scottish Parliament, including Scottish Government Bills, touch on reserved areas and are used to facilitate the will of the Parliament.

“In this case, they will ensure in the most robust way possible that medical professionals can choose to opt in to supporting patients who wish to have an assisted death, guaranteeing choice and protection for all.”

Mr McArthur continued: “Michael’s constituents and indeed members of the public in every constituency across Scotland are overwhelmingly in favour of giving terminally ill Scots more choice, safety and compassion.

“I urge him to listen to the voices at the heart of this issue – dying people looking to this Parliament to deliver what they need, excellent palliative care and more choice should they reach the limits of that care.

“My Bill has been though more than four years of development and scrutiny and by the time that is backed by MSPs it will have been one of the most carefully revised and considered bills in the history of the Scottish Parliament.”