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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 4 May 2021
  6. Current session: 13 May 2021 to 23 December 2025
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Displaying 1257 contributions

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Health, Social Care and Sport Committee

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

Meeting date: 19 November 2024

Paul Sweeney

I thank the witnesses for their contributions so far. I want to ask about the definition of “terminal illness”. Section 2 of the bill defines someone as terminally ill

“if they have an advanced and progressive disease, illness or condition from which they are unable to recover and that can reasonably be expected to cause their premature death.”

A number of concerns have been raised by stakeholders about the breadth of the definition and the potential for it to include a wide range of long-term conditions. Some have proposed that the inclusion of a prognostic timescale, such as the timeline of six months in the UK Terminally Ill Adults (End of Life) Bill, or a wider definition of 12 months, would be an effective means of narrowing the definition.

On the other hand, others have raised concerns that the definition is too narrow and could discriminate against people who are experiencing other non-terminal conditions that nonetheless bring unbearable suffering.

From a clinical perspective, what types of conditions do you think would be covered by the definition of terminal illness in section 2 as currently drafted? What would not be covered? If anyone has any initial desire to respond, please do so.

Health, Social Care and Sport Committee

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

Meeting date: 19 November 2024

Paul Sweeney

Does Mr Hazelwood’s point about section 23, which gives power to the Scottish ministers to define guidance or even provide specific regulation on what the qualifying criteria might be, give you some comfort that it could be an evolving situation, and that a better definition could come through secondary legislation?

Health, Social Care and Sport Committee

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

Meeting date: 19 November 2024

Paul Sweeney

Might that introduce an inherent bias towards providing assisted dying, as opposed to other options such as palliative care?

Health, Social Care and Sport Committee

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

Meeting date: 19 November 2024

Paul Sweeney

Thank you. Do any other witnesses have views on that?

Health, Social Care and Sport Committee

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

Meeting date: 19 November 2024

Paul Sweeney

Thank you very much. Are there any final remarks from witnesses, before I conclude?

Health, Social Care and Sport Committee

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

Meeting date: 19 November 2024

Paul Sweeney

I thank the witnesses for their answers so far and will pick up on some points that were raised during last week’s meeting regarding the seniority and specialty of doctors. Are you concerned that the bill is not sufficiently specific about the grade of doctors who would undertake the assessments? Should the bill be amended to define that more clearly?

Health, Social Care and Sport Committee

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

Meeting date: 19 November 2024

Paul Sweeney

I also want to ask about the risk of doctor shopping, which is the colloquial expression. There is a concern that, if someone seeks an assisted death and there is a dispute with clinicians, there may be sufficient scope in the bill for people to seek referrals to a point at which they can get what they want, regardless of the concerns that have been raised by clinicians. There does not seem to be provision for any clinician to raise concerns about safeguarding, for example, in respect of that. Do you share that concern, or do you have a view on whether there should be tighter regulations on the nature of referrals and on who does the referring? If there is a need for a second opinion, should the initial clinician, if they are minded to grant the request for assisted dying, be able to refer onwards to someone who might be in agreement, or should it be more neutral, or more regulated?

Health, Social Care and Sport Committee

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

Meeting date: 19 November 2024

Paul Sweeney

Is that the idea of having an ethics panel, or some sort of central register, as defined in the bill? Would that be a more satisfactory structure for you?

Health, Social Care and Sport Committee

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

Meeting date: 19 November 2024

Paul Sweeney

That is helpful. Thank you.

Health, Social Care and Sport Committee

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

Meeting date: 19 November 2024

Paul Sweeney

Do Mr Okasha and Ms Dalrymple have any views on the definition of “terminal”?