Right-to-die may become law in Scotland as early as 2025

He expects his bill to be introduced to parliament either before or after the upcoming Easter Recess.

In an exclusive interview with the Herald on Sunday, ahead of the bill’s introduction, McArthur said: “I’m confident this bill will pass and lead to a change in the law in Scotland increasing the choices available to dying people at the end of life.”

He added: “I’m hopeful that once my colleagues see the detail of the bill and the safety measures it puts in place … they’ll be persuaded it’s the right law for Scotland.

“Additionally, when they consider the compassionate choices it brings to some dying people who need it, I believe they won’t want to stand in the way of people’s right to make that choice for themselves.”

McArthur’s bill easily got the 18 cross-party supporters necessary for it be introduced to the Parliament. He started the process the day the Queen died.

“I launched it and then had to close it a few hours later,” he said. Nevertheless, in that short period he got 36 backers.

Liam McArthur MSP is confident the bill will be passed. Photo Gordon Terris. (Image: Newsquest)

In 2005, a bill by LibDem MSP Jeremy Purvis failed to get the 18 supporters needed. Then a bill by Margo MacDonald failed at an early stage when it got just 36 votes in 2015. She died of Parkinson’s before the vote.

“This time the political mood has shifted,” McArthur says. “More MSPs have experience of someone they know passing away in very difficult circumstances … That goes with an intellectual belief that the status quo isn’t tolerable or acceptable and is throwing up too many instances of ‘bad deaths’.”

Once the bill is introduced, it will be sent to the health committee, which will take evidence. Its report goes before Parliament, and there’s a stage one vote on the bill’s “general principals”.

There’s a “reasonable prospect of that being concluded later this year”. With a “good wind”, McArthur expects amendments then brought forward at stage two. “That’ll take up most of 2025.”

Once we’ve passed this law, we’ll wonder why the hell it took so long

When it comes to a final vote, McArthur says: “I wouldn’t have thought there’s any reason why it couldn’t be done through the course of 2025. It may tip over into 2026.”

His bill is heavily safeguarded. Only those diagnosed with a terminal illness are allowed to access the law. They must also be deemed to have ‘mental capacity’. The agreement of two doctors is required. There’s a 14-day cooling-off period, and drugs must be self-administered.

Patients have to request to access the law, it cannot be offered or suggested to them. Only those resident in Scotland for 12 months can access the law.

McArthur has already spoken to Scottish Secretary Alister Jack about the bill, over UK-wide issues like the Misuse of Drugs Act. Discussions were “very constructive and positive”.

As with abortion, conscientious objection rights exist for medics in the bill, meaning they don’t have to participate.

McArthur says his bill “has been drawn as tightly as possible. I don’t think it’s possible to conceive of how you’d limit the criteria more while still providing real choice”.

There were 14,000 responses to McArthur’s consultation process, with 78% supporting the bill. Opinion polls show consistent support of around 75%. “There’s no doubt been a lag [between public opinion and politicians],” says McArthur.

The change in MSP opinion is partly down to two elections taking place between the last vote and now. “Two-thirds of MSPs weren’t here last time. The shift in personnel in the parliament is significant,” McArthur says.

“Since we last voted, a number of jurisdictions around the world brought forward their own legislation - like Australia and New Zealand. So there’s more examples providing evidence of how this works in practice and providing reassurance that it’s not beyond the wit of parliamentarians to implement this, link it with palliative care, and do so successfully with appropriate safeguards. Why should Scotland be so different?”

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There’s also been a “significant shift” within the medical profession. “The most notable would be the British Medical Association shifting from opposition to neutrality.”

In Holyrood, there are some MSPs “implacably opposed” to MacArthur’s bill, “those like me who are long-term supporters, others who’ve come in the last two parliaments and made no secret of the fact they’re very supportive, and a chunk in the middle. Those who are supportive are significantly higher than in any other parliament.

“So numbers are up markedly, and amongst those undecided, there’s far more of a mood to be persuaded than last time.”

During earlier attempts to pass right-to-die legislation, MSPs “were looking for excuses to vote against”. Now, MSPs are “looking for reasons to vote for”.

McArthur sees right-to-die legislation as “the next great liberal reform”, and added: “Once we’ve passed this law, we’ll wonder why the hell it took so long.”