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ASSISTED DYING BILL: FINAL VOTE WILL TAKE PLACE AT HOLYROOD ON TUESDAY EVENING

by Bill Heaney

Dumbarton, Helensburgh and Lomond MSP Jackie Baillie will vote against the government’s Assisted Dying Bill when it comes before the Holyrood parliament for the last time on Tuesday.

Dame Jackie told The Dumbarton Democrat that the issue of Assisted Dying  provokes strong reactions both for and against.

She added: “I understand many of the reasons of those in favour of the Assisted Dying Bill and why they support the measures covered in the legislation.”

She promised to engage with the legislation and brought forward a number of amendments on behalf of the BMA, CHAS, Hospice UK, the Royal College of Nurses and the Royal College of Psychiatrists.

She added: “A key issue of concern is the lack of protection for medical professionals who may not wish to participate.

“Sections of the bill were removed and the Scottish and UK Governments have said they will work together to secure an agreement to cover this after the bill has passed.”

Dame Jackie, left, expressed concern that “this poses a major gap in the legislation” and that professional bodies have changed their stance towards the bill from neutral to being against. 

She acknowledged “the very powerful case” made by those who would be giving their support to the bill.

And to “the very respectful way” that Liam McArthur has advanced his bill.

However, she said that having reflected on the views of constituents and organisations in the field she would vote against the bill when it comes before the parliament for the final vote on Tuesday.

“Whilst safeguards have been added, there are fundamental and significant gaps in the legislation,” the local MSP, who is deputy leader of Scottish Labour said..

Meanwhile, Liam McArthur has thanked MSPs for their constructive contributions and urged them to back his Assisted Dying for Terminally Ill Adults bill as the legislation completed a fourth and final day of parliamentary scrutiny.

Over the past week:

• There were 175 amendments accepted, 83 from those who opposed the Bill at Stage 1 (47%)

• It has been confirmed that the bill is legislatively competent with section 104 orders agreed and confirmation from the Secretary of State for Scotland that the UK Government will deliver these protections.

• Every health professional can be assured their rights are strengthened – no duty to participate, no detriment and the bill cannot be enacted until the UK Government enables relevant provisions relating to the training, qualifications and experience requirements for healthcare professionals

• Daniel Johnson’s amendment ensures that patients must have a six months prognosis

• Ruth Maguire’s amendment doubles down on the safeguards to detect and prevent coercion. During the assessment, the doctor must carry out as assessment in private to make sure the person is acting voluntarily. They must consider direct and indirect coercion

• Fulton McGregor’s amendment ensures doctors making assessments make a request to the person’s local authority as to whether they are being provided with social or mental health care, adding in even more protection for vulnerable people

• Palliative care access and uptake will be greatly improved as a result of amendments including doctors carrying out assessments must discuss with the person their diagnosis, prognosis, treatment options, palliative, hospice and other care available including symptom management and psychological support, and requirement to assess provision of palliative care alongside the Act to Scottish Ministers’ 5 year review

• Scottish Ministers will be required to prepare and publish guidance relating to a number of issues which will help consistency in practice, and that guidance will be reviewed by Parliament for approval, and be reviewed every 5 years adding an additional layer of oversight to the guidance.

Liam McArthur, right, said:“I would like to thank my MSP colleagues for their participation in what I know have been long and demanding debates this week. I appreciate the thoughtful engagement of all members and the considered way in which we have considered Stage 3 amendments.

“Over the past four days MSPs have made this legislation bulletproof. This is now the toughest and most comprehensively safeguarded assisted dying bill in the world.

“MSPs have added detailed amendments on coercion, prognosis and protection of vulnerable groups and there are cast iron protections for healthcare professionals ready to go. I also want to highlight key amendments which will ensure the Bill cannot come into effect before protections for healthcare professionals, as well as the training and qualification provisions are in place.

“It has overwhelming public support from Scots regardless of religious affiliation, political party or disability status.

“I am clear that we have crafted a Bill that provides compassionate choice for dying people alongside clarity and protections for the professionals who will support them to exercise that choice. MSPs need to look terminally ill Scots whose experiences prove beyond all doubt that a change in the law is desperately needed in the eye and pass this bill.”

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