Exclusive:MSP behind assisted dying law 'hopeful' of passing historic vote and addresses disability rights fears
MSPs will undertake a historic final vote on legalising assisted dying in Scotland.
The MSP behind landmark plans to legalise assisted dying in Scotland is “hopeful” his proposals will pass their final scrutiny and vote - amid a warning it “would be disastrous” to Holyrood’s reputation if his plans had not been examined in detail.
Lib Dem MSP Liam McArthur achieved what the previous two attempts to legalise assisted dying failed to do - win support from a majority of parliamentarians at the first vote on the general principles of his bill.
But as the final stage 3 process begins this week, ahead of a final historic vote due on March 17, the Orkney MSP has denied “pushing the boundaries” of devolution with his proposals, likely to be one of the most seminal pieces of legislation Holyrood has created, if MSPs back the final version of his bill.
It has been a long, demanding and often painstaking journey for Mr McArthur, who first signalled his intention to introduce a bill to legalise assisted dying just weeks after MSPs returned following the 2021 Holyrood election.
READ MORE: Assisted dying Scotland: Historic moment as legislation passes first stage at third attempt
Now just days before MSPs break up to fight May’s election, they will do so having taken a historic vote on a divisive and emotional piece of legislation that could define this parliamentary session.
Speaking to Scotland on Sunday ahead of the historic vote, Mr McArthur bluntly warned that “the current ban on assisted dying is unsustainable”.
“It’s leaving too many dying Scots at the end of life facing intolerable choices,”he added.
“Ultimately, MSPs are going to have a choice as to whether or not they are prepared to back a bill that allows a change in the law that I believe is long overdue.
“It will allow the most robustly safeguarded end-of-life choice that is available to be put in place, allowing Scotland to follow in the footsteps of jurisdictions in Australia and New Zealand and the US in introducing a model of assisted dying based on terminal illness and mental capacity.”
For years, Mr McArthur has been holding talks with MSPs from all parties, both supporters and opponents, about his legislation.
READ MORE: Assisted dying Scotland: Here is how every politician voted on Bill at the Scottish Parliament
“There's this kind of wild-eyed terror on the faces of colleagues as I come into the coffee lounge that they're going to get button-holed on assisted dying,” he joked.
Mr McArthur said he was “hopeful that a majority of MSP colleagues will take the opportunity” to back his legislation.
Opponents have raised a flurry of concerns about Mr McArthur’s legislation, including that disabled people who feel a burden to family members may be pressured into choosing an assisted death, while fears have also emerged over the quality of palliative care also impacting the decision of those who meet the criteria.
MSP Pam Duncan-Glancy, the first permanent wheelchair user elected to the Scottish Parliament, raised concerns at the first vote, which ended 70 to 56 in favour of the legislation.
Earlier this week, former Paralympic athlete Baroness Tanni Grey-Thompson, warned that “disabled people daily face discrimination”, adding that “this would just be another layer on top of that”.
“I acknowledge there are concerns amongst some within the disability community”, Mr McArthur said.
“I introduced amendments at stage 2 that were effectively for the avoidance of doubt, both in relation to the fact that a disability in of itself would not be sufficient to meet the criteria or indeed a mental disorder would be insufficient to meet the criteria.
“Addressing those concerns will not be achieved by denying terminally ill Scots, with or without a disability, the right to choice, compassionate dignity at the end-of-life”, Mr McArthur added.
If approved, the legislation would allow terminally ill adults with mental competence to choose to end their lives, signed off by two doctors and after undergoing a period of reflection.
The Orkney MSP has been content for his legislation to be tweaked to allow medics to opt into the scheme and has signalled he supports a change that would limit access to terminally ill people with six months or less to live. The initial plans applied to any terminally ill, mentally competent adult.
READ MORE: Scotland's assisted dying law passes landmark first step - but the really hard work begins now
Mr McArthur was also upfront ahead of the first vote that he was happy for the lower age limit to be changed from the 16 years, as proposed, to 18 years.
“Had I had my time again, I probably would have introduced the bill with an age threshold of 18,” Mr McArthur admitted.
He argued that “the political mood has shifted” on assisted dying, stressing that “the public have been there for years, overwhelmingly so”.
A poll published this week revealed that every constituency and region in Scotland has a majority in support of assisted dying.
“I think what you're seeing is other jurisdictions around the British Isles that are reflecting that mood shift amongst parliamentarians and taking forward very similar bills,”Mr McArthur said.
“I think it gives the sense of momentum. I certainly hope that that's the case.”
Other contentious Holyrood legislation including embedding international children’s rights into Scots law and the gender recognition reforms have fallen foul over issues of legislative competence, in part due to actions by UK ministers to assert authority.
But Mr McArthur has been working behind the scenes with Scotland’s two governments to ensure there are no issues and “to try and give MSPs the confidence that any legislation you pass here can survive any legal challenge under the terms of the Scotland Act”.
He added: “There were elements of legislation of this type that would fall within reserved competencies as well as devolved competencies.
“What I wanted to make sure was I wasn't using this bill as a means of kind of pushing the boundaries of that.”
Mr McArthur argued that even opponents “recognise that the reputational risk on us as an institution, parliament, to not be in a position to vote on the substance of this bill”.
“It would be disastrous”, he added.
“The public interest in this issue is so high - the public support for changing the law is overwhelming.”
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