WHAT’S PROPOSED IN THE NEW ASSISTED DYING BILL

Scottish Political Editor MICHAEL BLACKLEY looks at how the Bill would work and how many people might die using the new powers.

Q: What is the situation now at home and abroad?

A: No part of the UK has legalised assisted suicide. If someone did assist in the death of another person they could be prosecuted for a range of offences, such as murder, culpable homicide, reckless endangerment, assault and breach of the peace.

Ten US states have legal access to a form of assisted death, as well as all six Australian states. Other countries to have acted include New Zealand, Canada, Colombia, Belgium, the Netherlands, Luxembourg, Switzerland and Spain.

Q: Who would be allowed to apply for an assisted death?

A: The Bill sets out that, in order to be eligible, someone would need to be terminally ill – having an advanced and progressive disease, illness or condition from which they are unable to recover. They also must be aged 16 or over, resident in Scotland for at least 12 continuous months; registered with a GP in Scotland; and have the mental capacity to make the request. They also need to have been provided with options about palliative care or hospice care, while healthcare professionals must ensure they have made their decision without coercion or undue pressure.

Q: How do patients start the process?

A: Someone with a terminal illness who wants an assisted death would register their interest with either their GP or a doctor who has been in charge of their care.

Any medic has the right to raise a conscientious objection with playing a role and can pass the case onto a colleague if they wish. The patient would then be provided with a first declaration form which they must sign alongside their doctor and a witness.

After signing the form, there is a 14-day ‘waiting period’ before a second declaration process can begin. However, if doctors expect the patient to die within this period it can be cut to as little as 48 hours.

A medical assessment would ensure the patient meets all eligibility criteria and the coordinating doctor would refer the case to a second doctor to check the illness is terminal and the patient is not being coerced or unduly pressured.

If either doctor is not fully satisfied, they can request a further assessment by a specialist such as a psychiatrist. If doctors are satisfied, a second and final declaration form would be signed by the patient, co-ordinating doctor and a witness confirming they want to go ahead.

Q: What happens on the day of the death?

A: The patient can decide where they want to die, such as at home, in hospital, at a hospice or in a care home. A registered medical practitioner or health professional authorised by the co-ordinating doctor will meet the patient to check whether they wish to proceed, and ensure again that they are making the decision of their own free will.

If the patient still wants to proceed, they are provided with a substance which they take to end their life.

The patient can decide to stop at any stage, but if they go ahead the health professional must remain with them until they are dead.

Q: What is the deadly substance?

A: The Bill doesn’t set out what substance would be used but says the Scottish Government would need to issue regulations setting this out. Different countries which have legalised assisted dying use different cocktails of lethal drugs.

Q: What happens after the death?

A: A final statement is completed by the coordinating medical practitioner, including the date, cause and time of death and the time between taking the substance and death. The terminal illness will be listed on the death certificate as the primary cause of death.

Q: How many people would be likely to use the law to have an assisted death?

A: An analysis of international evidence suggests that there may be around five deaths per million population in the first year of the legislation, which would amount to around 27 people in Scotland.

It is estimated that this would rise steadily to potentially 60 deaths per million population within 20 years, which would be around 326 people in Scotland.

Q: Will it receive parliamentary support?

A: Lib Dem MSP Liam McArthur has said he is ‘confident’ he can secure support in Holyrood and already has the backing of 36 MSPs who were signatories to his Bill. He claims he has private support from within the Scottish Government Cabinet and from MSPs across the political parties who have not yet gone public.

First Minister Humza Yousaf and Scottish Labour leader Anas Sarwar are among the senior figures to express reservations. Although all parties are likely to allow a free conscience vote, their views may be influential.

Two previous attempts to get legislation through, in 2010 and 201 , fell at the first hurdle when they failed to secure enough support in the stage one vote at Holyrood.

Another proposed Bill, in 200 , didn’t win enough support to earn the right to be introduced in parliament.