The Assisted Dying Bill was introduced into Holyrood last month to allow terminally ill adults in Scotland the choice to end their lives.
Two previous attempts to introduce similar legislation were rejected in 2010 and in 2013, but supporters believe a change in public mood means the time is right for a fresh debate. A poll for campaigners, Dignity in Dying showed 78% of respondents supported the legislation.
However, objectors believe there are legitimate concerns around pressure being placed on dying individuals to unburden their families, or where this would directly contradict religious views.
Legal variations of assisted dying legislation are present in many other countries around the world from Switzerland introducing legislation in 1942 to New Zealand adopting measures in 2021. Debates on assisted dying are also currently taking place in Jersey and the Isle of Man.
Official estimates suggest only 25 people could have an assisted death in the first year after the legislation, rising to 400 people a year after 20 years. This is less than 0.01% of the population.
To be eligible to take this path, the bill states that a person must have an irrecoverable and worsening disease, illness or condition which will cause premature death.
The person must be over 16 and have lived in Scotland for at least one year before opting to start this process. They must fully understand and recall their decision and communicate this verbally or by technical assistance. A person suffering from a mental disorder may be excluded from this process if they lack the required understanding.
Someone looking to take this path would tell their doctor who would then direct them to complete the First Declaration. The person will be assessed to ensure they are eligible and to ensure that they are not being pressured or coerced into the decision. If after a minimum reflection period of 14 days, (shortened in critical cases) the person wishes to continue and is eligible, they can make a Second Declaration.
A healthcare professional will then provide the person with the life-ending substance. The patient must administer this themselves with the healthcare professional in attendance.
The death certificate shall state the primary cause of death as the disease or condition, and not suicide. This should hopefully help ensure that life policy providers would continue to pay out.
It is important to distinguish the provisions of an Advanced Directive which supports medical professionals and family to manage the scenario where a person has lost capacity and where their prospects of a meaningful recovery are minimal. In such circumstances, a person may direct they do not wish excessive and/or invasive treatments where there is little prospect of improvement. This is distinct from the provisions of the bill where a person chooses to end their own life.
We shall watch with interest as the MSPs, who will be offered a free vote on this issue, debate the merits and difficulties of assisted dying in Scotland.
Julie Doncaster is a partner in the private client team at law firm Harper Macleod
Agenda is a column for outside contributors. Contact: agenda@theherald.co.uk
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereLast Updated:
Report this comment Cancel