A cross-party group of MSPs has issued a stark warning that Holyrood would be taking an 'unprecedented risk' if it backs a Scottish assisted suicide law riddled with 'gaping holes'. The critics argue that days of debate over final amendments to the Assisted Dying Bill have exposed 'huge uncertainty' surrounding its fine print.
Westminster's Role in Filling Legislative Gaps
Due to the constitutional limits on Holyrood's powers, crucial issues within the legislation will be left for Westminster to decide through 'Section 104' orders if the Bill is passed by MSPs. Vital areas, including protections for medical professionals to follow their consciences and employment rights, are among the blanks likely to be filled in by officials south of the Border.
Criticism from MSPs Across the Political Spectrum
Tory Highlands & Islands MSP Edward Mountain voiced strong opposition, stating: 'To ask MSPs to vote for something and hope somebody, somewhere in a different jurisdiction will sort it is extraordinary. It leaves us voting blind and with huge uncertainty. It is a wholly inappropriate way to make law.' He added that Section 104 orders might be acceptable for minor tweaks to insignificant legislation, but applying them to this monumental life-and-death decision is 'utterly wrong'.
Ayrshire SNP MSP Ruth Maguire echoed these concerns, saying: 'It is obvious there will be gaping holes in the Bill of significant importance. We're being asked to take a leap of faith when it comes to employment rights and conscientious objection, which is deeply troubling. It would be an unprecedented risk.' She expressed that voting for legislation over which Holyrood will have no further control makes many MSPs feel they are not fulfilling their role as elected representatives.
Legislative Process and Upcoming Vote
Promoted by Orkney Liberal Democrat MSP Liam McArthur, the Assisted Dying for Terminally Ill Adults (Scotland) Bill is scheduled for a decisive vote on March 17. Three days have been allocated this week for debating 328 amendments, with the possibility of a rare Friday sitting at Holyrood if the current slow pace continues.
The proposed legislation would grant terminally ill adults with six months or less to live the right to request a self-administered lethal drug under the supervision of two doctors. While coercing someone to end their life would be a criminal offence, critics fear individuals might still feel pressured to avoid being perceived as a 'burden' to others.
Shifting Support and Further Opposition
Although MSPs backed the Bill's principles by a margin of 70 to 56 last May, some initial supporters have since changed their stance. A few more switches could potentially lead to the Bill's defeat. North East Scotland Labour MSP Michael Marra added his voice to the criticism, noting: 'The Bill we are going to be asked to vote on next week will have serious flaws and be vulnerable to all kinds of unintended consequences.'
Defence from the Bill's Proponent
In response, Mr McArthur pointed out that the three critical MSPs are 'all long-time opponents of assisted dying'. He stated: 'While they are each entitled to their views, I find it hard to believe any of them would have backed my Bill regardless of what it contained.' He defended the use of Section 104 orders as a normal part of the legislative process and assured colleagues that choice and protection are central to the Bill, encompassing both medical professionals and dying individuals. He concluded by asserting that, if passed, this Bill would represent the most heavily safeguarded end-of-life choice available.
