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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 8 August 2025
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Displaying 1174 contributions

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Criminal Justice Committee, Health Social Care and Sport Committee, and Social Justice and Social Security Committee (Joint Meeting)

Tackling Drug Deaths and Drug Harm

Meeting date: 14 November 2024

Paul Sweeney

Is there a proactive engagement plan to enable colleagues across the Scottish Government, local authorities and the UK Government to see the facility in operation, once it is established? Recently, I happened to meet Dame Diana Johnson, who, as the Home Office minister, expressed a keen interest in coming to see it and was very open minded about how it could be developed. Is there an active plan for the Scottish Government to invite colleagues to see the facility in operation?

Criminal Justice Committee, Health Social Care and Sport Committee, and Social Justice and Social Security Committee (Joint Meeting)

Tackling Drug Deaths and Drug Harm

Meeting date: 14 November 2024

Paul Sweeney

On 11 September 2023, the Lord Advocate stated her intention to publish a prosecution policy for the safer consumption facility. Do you have any insight on when that will be published?

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 12 November 2024

Paul Sweeney

That is helpful.

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 12 November 2024

Paul Sweeney

The financial memorandum to the bill estimates that there will be 25 assisted deaths in the first year, rising to 400 deaths by year 20. That is also based on an assumption that 33 per cent of people who enter the process will not proceed. Do those projections seem like a workable caseload?

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 12 November 2024

Paul Sweeney

I turn to the issue of capacity, which we have discussed to some extent already. Does either of you have any concerns about the ability of non-psychiatric doctors to assess the capacity of people seeking an assisted death?

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 12 November 2024

Paul Sweeney

I thank our witnesses for joining us this morning.

I want to begin with the crossover or interface between mental and terminal illness. The bill, as introduced, states that, to be eligible for assisted dying, the person must have the mental capacity to make the request for an assisted death. Included in the definition of capacity is that a person should not be

“suffering from any mental disorder which might affect the making of the request”,

with “mental disorder” defined under section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 as

“any ... mental illness ... personality disorder; or ... learning disability”.

How common is it for people facing the end of their lives to be suffering from mental health problems such as depression and anxiety?

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 12 November 2024

Paul Sweeney

Are you concerned that “mental illness”, as defined in the 2003 act, would be a disqualifying criterion?

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 12 November 2024

Paul Sweeney

I think that the financial memorandum to the bill sets aside funding for training purposes, but it does not specifically mention training in relation to assessing capacity. Would you prefer that that was further clarified in the bill?

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 12 November 2024

Paul Sweeney

That is helpful.

Health, Social Care and Sport Committee

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 1

Meeting date: 12 November 2024

Paul Sweeney

Thank you, convener, and thanks to the witnesses for their insightful comments so far.

A number of respondents to our calls for views on the bill have raised the question whether doctors would have a “duty to raise” assisted dying as a reasonable treatment option with end-of-life patients, as current court decisions, such as Montgomery v North Lanarkshire Health Board, require doctors to discuss all reasonable treatment options with their patients so that the patient can make a fully informed decision.

Clause 4(1) of the UK bill introduced by Kim Leadbeater MP explicitly refers to no “duty to raise” the subject with patients and clause 4(2) clarifies that by providing that medical practitioners may exercise “their professional judgement”.

In the Scottish bill by Liam McArthur MSP, section 18(1) refers to a general requirement. Indeed, it provides that

“An individual is not under any duty (whether arising from any statutory or legal requirement) to participate in anything authorised by this Act to which that individual has a conscientious objection.”

Considering the bill as drafted, do you think that the status of assisted dying as a reasonable treatment option needs to be further clarified? Dr Neal, you could perhaps start us off.