RIGHT to die campaigners are pushing for Scotland to follow in the footsteps of Canada, Australia and parts of the United States by introducing legislation that would give terminally-ill patients the opportunity to end their lives.
The renewed bid for a law on assisted suicide comes nearly two years after the last Bill was thrown out by MSPs over fears that it posed a risk to vulnerable individuals such as the elderly and disabled.
However, campaigners say the law in Scotland and the rest of the UK is now "lagging behind" similar developed nations and argue that restricting medical interventions to patients who are already terminally ill – but excluding those with life-limiting conditions such as dementia or paralysis – will prevent potential abuses.
Case Study: 'If I decide that I want to end my life, I will have to make that decision earlier'
Dignity in Dying Scotland, the pressure group which is calling on MSPs to bring forward a new Bill, said it would end unnecessary suffering and hand people autonomy over their own deaths.
Ally Thomson, the organisation's director, said: "Our current law is not working – it forces terminally-ill people to suffer against their wishes while families and loved ones watch on helplessly. It creates a situation where some people, who can afford it, travel abroad to die, while others resort to taking drastic measures behind closed doors – with no safeguards. It is not compassionate or safe and dying people here deserve better.
"We are calling for a range of end-of-life choices that includes more and better palliative care but also the choice of an assisted death for when palliative care is no longer working."
The Bill would urge Scotland to adopt the assisted suicide model first pioneered in the US state of Oregon and which has remained unchanged since it was introduced there in 1997. Under this framework, the right to die is limited to terminally-ill and mentally-competent adults. Family doctors are allowed to prescribe a fatal dose of medication, but the dying person must be able to administer without assistance from another person, including medics.
Case study: 'She begged to die every single day'
The Oregon system is also in place in California, Washington, Vermont and Montana, while Canada began offering it in June last year following a ruling by its Supreme Court that a blanket ban on assisted dying was unconstitutional.
In December 2016, Australian politicians also voted to introduce assisted dying in the state of Victoria during 2017, and the New Zealand parliament will consider the issue this year.
A Populus poll of 5000 British adults in 2015 found 83 per cent support for legalising assisted suicide, but MPs subsequently rejected an Oregon-style right-to-die Bill which would have handed terminally-ill people in England with fewer than six months to live the right to be prescribed a lethal dose of drugs.
However, the case of Noel Conway – a 67-year-old who is terminally ill with motor neurone disease – has brought the issue back into the spotlight after the High Court in London last week granted him the right to challenge the law on assisted dying in England and Wales. Campaigners believe the case should also provide an impetus to rethink the law north of the border, without waiting for a similar test case here.
Patrick Harvie, the Green MSP who brought Scotland's last assisted dying Bill to Holyrood on behalf of the late Margo Macdonald, said: "Public opinion has been ahead of politicians for a long time and one of the frustrations is that it tends to take hard cases – either in law or in terms of public empathy and compassion – to change things. Somebody putting themselves forward almost as a sort of personal champion of the issue, when they really want to be dealing with their own life circumstances."
Harvie added that the experience of the law in other countries was also reassuring. "I'm not aware of any that have introduced it and then thought 'we've made a mistake' and restricted or abolished it," he said.
Des Spence, a GP in Maryhill, Glasgow, has written academically on the issue and believes it is time for a more open debate in the medical profession.
He said: "There is a strong argument from a medical perspective in the sense that just because we can prolong life doesn't mean we should. I've been a GP for over 20 years and I've had occasions where people have felt their situation is unbearable and that they would want to take their own lives.
"I think the profession as a whole struggles with it ethically. A large number of people just wouldn't want to be involved. There are certainly lots of doctors I've spoken to over the years who share my view, but there are very few willing to put their neck on the line and talk openly about it.
"My interest is to open up the debate within the medical profession. I think if the medical profession were willing to take a lead or willing to accept that we should explore it, then that would probably carry a great deal of sway."
Chair of BMA Scotland Dr Peter Bennie said: “While the issues surrounding assisted dying are complex and challenging, it is BMA policy to oppose physician-assisted suicide and euthanasia. Our focus must be on the provision of resources to ensure that all patients, irrespective of diagnosis, have access to first-class palliative care in order to ensure that terminal suffering is properly managed.”
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