So will Scotland allow assisted dying?

TAssisted 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

Legal variations of assisted dying legislation are present in many other countries around the world

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