In a significant development, the Scottish Health Secretary Neil Gray has announced that crucial sections of the Assisted Dying for Terminally Ill Adults (Scotland) Bill must be removed before a final vote in the Scottish Parliament. The minister stated that provisions relating to the regulation of health professionals and protections for those who refuse to participate in assisted dying are beyond Holyrood’s legislative powers.
Gray explained that this hurdle could be overcome if the UK government issues a Section 104 order, which would allow Scottish ministers to change reserved laws to align with the devolved legislation. However, he acknowledged that this could only happen after the bill becomes law, necessitating the removal of the problematic sections before the final vote.
The Scottish bill, tabled by Liberal Democrat MSP Liam McArthur, aims to legalise assisted dying for terminally ill, mentally competent adults. While the general principles of the bill were approved by 70 votes to 56 in May, Gray’s announcement poses a significant challenge for MSPs as they prepare to vote on the legislation.
Gray, who abstained from the stage one vote, had previously warned that powers governing the use of lethal drugs were reserved to Westminster. However, the UK government has granted a Section 30 order, temporarily granting Holyrood ministers the powers normally reserved to Westminster to resolve this issue.
The health secretary described the “unusual” move as a means to ensure regulatory consistency across the UK. He added that the Section 30 order had been laid before the final vote “so that members are free to make their considerations based on their own convictions and those of their constituents rather than on whether or not the bill is outside of [Holyrood’s] competence.”
Liam McArthur, the Liberal Democrat MSP behind the bill, has acknowledged the need to address issues over medicines and employment protections for the assisted dying legislation to be introduced in Scotland. He expressed optimism about the constructive collaboration between ministers in Holyrood and Westminster, and emphasised the “hugely beneficial” prospect of a consistent approach across the UK.
The Assisted Dying for Terminally Ill Adults (Scotland) Bill will now face further scrutiny and amendments before a final vote in the Scottish Parliament in March, just before Holyrood is dissolved for the upcoming Scottish election.
