Latest news with #LiamMcArthur
Scotsman
26-05-2025
- Health
- Scotsman
Assisted Dying Bill Scotland: Why fears about coercion of vulnerable people are misguided
Sign up to our daily newsletter – Regular news stories and round-ups from around Scotland direct to your inbox Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... Coercion was on everyone's minds in Holyrood's dramatic debate on assisted dying earlier this month. Liam McArthur's Assisted Dying Bill offers terminally ill, mentally competent Scots the option to end their own lives, allowing a dignified death when someone regards their own suffering as too great or their life no longer worth living. Its multiple protections include strict eligibility requirements and the sign-off of two independent doctors. Opinion polls show that a large majority of Scots – across different demographics – support assisted dying. Advertisement Hide Ad Advertisement Hide Ad While the Bill passed its first reading, it is by no means certain that it will become law. MSPs from both sides of the debate referenced worries about patients being pressured into a premature death. Colin Smyth MSP invoked 'people's deepest concerns… about patients potentially feeling like a burden or about the possibility of their being coerced'. Liam McArthur MSP with supporters of his Assisted Dying Bill outside the Scottish Parliament (Picture: Jeff J Mitchell) | Getty Images Fear and speculation MSPs are right to ask questions about the Bill's protections against coercion, especially for vulnerable people. We can answer them by looking at the evidence. Examining data from countries that permit assisted dying – some with decades of experience – cuts through the fear and speculation that otherwise characterise these discussions. One thing is clear: there is no evidence that people are coerced into assisted dying. Parliamentary committees in Holyrood and Westminster specifically sought such evidence. None was forthcoming. Advertisement Hide Ad Advertisement Hide Ad Instead, Dr Ryan Spielvogel testified that 'in the 25 years that aid in dying has been legal in jurisdictions in the United States, there has never been a single substantiated claim of coercion', and Dr Alison Payne wrote 'I have not yet seen evidence of coercion [in New Zealand] – more often the family are reluctant for it to happen'. Julian Gardner, chair of the Australian state of Victoria's Voluntary Assisted Dying Review Board, said: 'The only reports that we have had have been the reverse, in that people have experienced coercion – that might be too strong a word – or undue influence not to go ahead with ending their life, generally from relatives who have objections or from faith-based institutions.' Even focusing specifically on vulnerable groups, such as disabled people, there is no sign of coercion. Indeed, there is less uptake of assisted dying in such groups – the opposite of what we'd expect if vulnerability were a factor. Advertisement Hide Ad Advertisement Hide Ad Taking concerns seriously This evidence will settle the matter for some. Others might worry that a risk of coercion persists. Bob Doris MSP argued that 'coercion can be subtle and difficult to detect', while Sue Webber MSP said 'subtle pressure and coercion… are not always visible'. Absence of evidence isn't always evidence of absence. These concerns are speculative, but the potential risks should be taken seriously. How can they be addressed? First, this is a problem medical professionals deal with all the time, right now. Competent adults can already refuse life-saving treatment, including through written, advance directives. They might be pressured by family members to end their lives early or, indeed, to request care they don't really want. As Rona McKay MSP said, 'it is part of doctors' everyday practice to recognise coercion – for example, in abortion care or in cases of the withdrawal of treatment.' The Bill's safeguards build on existing good medical practice. Doctors must ensure that patients have capacity, check that their choices represent what they really want, and give them time, information, and support. Advertisement Hide Ad Advertisement Hide Ad Greater protection We should respond to risk not by disempowering people in the name of 'protection', but by empowering them to make decisions aligned with their values. The Bill does this and provides greater protections for assisted dying than any of the other ways in which people can already hasten their own deaths. Second, the risk of feeling pressured into a premature death isn't the only one that matters. As Karen Adam MSP asked, 'is it not a form of coercion to force someone to endure pain that they do not want and to deny them peace when their death is already certain?' Under the status quo, the risk of unnecessary suffering is 100 per cent. The Bill – a logical extension of our hard-won right to refuse curative treatment and opt for palliative care if we see fit – balances competing risks. Third, the dangers that concern MSPs already exist, and this Bill reduces them. People with terminal illnesses already choose to end their lives – whether by refusing treatment, killing themselves without help, or going to Switzerland. If there is a problem with hidden coercion, it already happens. Advertisement Hide Ad Advertisement Hide Ad As Liam McArthur said, 'at present there are often no safeguards for many people who feel a burden, are subject to coercion or abuse, or feel unsupported'. The Bill gives legal clarity to doctors and family members, and strengthens protections with a new criminal offence of coercion. An evidence-based approach helps resolve concerns around assisted dying. Worries that legalisation will damage palliative care have been refuted, including by the Health and Social Care Committee at Westminster. Our own research on disability shows widespread support for legalisation among disabled people, and that assisted dying laws neither harm nor devalue disabled people's lives. The same approach can help MSPs determined to ensure that terminally ill people won't be subject to coercion. There is no evidence that coercion occurs in countries where assisted dying is legal. Advertisement Hide Ad Advertisement Hide Ad We should take seriously fears of coercion and aim for legislation that manages and minimises risks for all. With its evidence-based safeguards, this Bill will achieve that goal.
Scotsman
21-05-2025
- Health
- Scotsman
New law will offer the right to a good death
Liberal Democrat MSP Liam McArthur addresses the assisted dying bill debate in the Scottish Parliament (Picture:Jeff) Growing up in Canada in the 1960s, my mother had a school friend called Merry. While they lost contact for a time, decades later, travel and technology brought them back together, until in 2019 Merry received news that she had a Glioblastoma – a rare and incurable brain cancer. Sign up to our daily newsletter Sign up Thank you for signing up! Did you know with a Digital Subscription to Edinburgh News, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... Tragically, Merry understood the terrible pathology of this cancer, because she had lost her husband to the same disease some years previously. Over time she had seen it rob him of his personality, his bodily function and his mind. She immediately knew that she would not let it do the same to her. And so it was, just a few months later in a hospice rooftop garden, Merry ended her life in the Vancouver sunshine. At that moment of her choosing, my mother and her other friends, thousands of miles away, held Merry in the light of their love until she was free of it. Advertisement Hide Ad Advertisement Hide Ad In my nine years as a member of the Scottish Parliament, there isn't a single vote or decision I've been involved in that has elicited more correspondence from my constituents in West Edinburgh than last week's vote on assisted dying. I respect the views of all of those who have written to me and I think it's important that I set out where I stand. Since before politics, I've been an advocate for a change in the law to allow terminally ill adults, who have mental capacity, the right to end their lives in dignity. For me, this is about rights and agency. In Scotland today we have both in almost every aspect of our adult life, save one – that is our departure from it. I want to know that if I'm dying in pain, beyond the reach of palliative care, that I would have the right to say, 'this far and no further' and to end my suffering at a time of my choosing. So, I was delighted when my friend and Lib Dem colleague Liam McArthur's Assisted Dying Bill, passed the first stage of the parliamentary process last week – and by a much bigger margin than expected. We aren't pioneers in this. The right to die is already offered to people in over 30 jurisdictions the world over and Liam's bill is informed by decades of best practice. He has deliberately chosen a model for this bill which offers the most stringent safeguards. To be eligible, a person would need to be diagnosed by two separate doctors as having an advanced terminal illness and the mental capacity to make the decision. They would have to be made aware of all treatment options available and tests for coercion would take place. At the same time, any medic who doesn't wish to take part, can opt out. Advertisement Hide Ad Advertisement Hide Ad The decades of experience we are leaning into here show that provision for assisted dying does not come at the expense of palliative care. If anything, it is complimentary to it and is seen as the final tool in the drawer. Many prescriptions actually go unused but provide comfort as an option should the pain become too great. Palliative care is amazing, we need more of it, and we need to make it accessible everywhere. But it alone cannot master all pain. As such too many Scots are being denied the right to a good death. Liam's bill will change that. Alex Cole-Hamilton is Scottish Liberal Democrat leader and MSP for Edinburgh Western
Scotsman
19-05-2025
- Politics
- Scotsman
The vast amendments that could be attached to Scotland's assisted dying legislation
Sign up to our Politics newsletter Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... Liam McArthur's assisted dying legislation has passed its first hurdle in becoming law - but MSPs will have the chance to make amendments to the Bill before a final vote is taken for it to become law. The Liberal Democrat MSP pleaded with his colleagues, some of whom did not fully back the Bill as proposed, to support his plans at Tuesday's stage one vote - in the hope that amendments could be added at the stage two committee part of the process and ahead of the stage three final vote that would satisfy concerns about the legislation. Advertisement Hide Ad Advertisement Hide Ad Liam McArthur's assisted dying legislation will move to the stage two amendment phase | Lisa Ferguson/National World Many MSPs stated this was the position they were taking - that they would not vote in favour of the final Bill as it stands - but lent their support for amendments to be added and for the plans to receive more thorough scrutiny. The Scotsman takes a look at some of the potential areas where amendments could be made by Mr McArthur himself, concerned MSPs or even the Scottish Government. Although yet to be confirmed, it is expected that the stage two amendments phase is likely to take place in September. Advertisement Hide Ad Advertisement Hide Ad Age limit reduced We know Mr McArthur will put forward an amendment to limit the age people can apply for an assisted death from 16 to 18 years old. The move comes following concerns raised that 16 was too young, despite this being the legal age of responsibility in Scotland. It is not thought that the amendment will significantly change the numbers of people able to apply for an assisted death - with the vast majority of those taking the option forward likely to be elderly. Coercion fears Concerns over coercion were raised by several opponents who voted against the assisted dying legislation - as well as those who supported the Bill at stage one . It is likely that some amendments will be tabled to try to tighten up this part of the legislation - but it remains unclear how that would work in practical terms. Advertisement Hide Ad Advertisement Hide Ad Holyrood's health committee, in its report of the legislation, pointed to a 'particular interest in potential alternative models for assessing coercion', including embedded in the UK Human Tissue Act, which set up a regulator to ensure coercion is not at play. Medical opt-out The majority of medical and health institutions such as the British Medical Association (BMA) have taken a neutral stance on the assisted dying bill but have called for medics to be given a wider ability to opt out, if they object to the policy. Advertisement Hide Ad Advertisement Hide Ad Mr McArthur suggested to The Scotsman that medics could be able to cap the number of assisted dying cases they support in a year - while he has appeared open to expanding the reasoning for opting out beyond conscientious objection. But Mr McArthur has stressed he would draw the line at institutional opt-out as it would risk undermining the aims of the Bill. Impact on disabled people It is almost certain that some form of amendments will be tabled to the assisted dying bill to allay fears the legislation could have an impact on disabled people and a feeling that people with a disability could feel they are a burden. Pam Duncan-Glancy | Andrew Milligan/PA Wire Despite the Bill making clear that only those with a terminal illness would qualify for an assisted death, it is likely there will be a conscious effort to address the concerns of disabled people with amendments likely to be tabled. Advertisement Hide Ad Advertisement Hide Ad Definition of terminal illness Unlike previous attempts to legalise assisted dying, Mr McArthur's bill states on the face of the bill, even in the title of the legislation, that this is only for those with a 'terminal illness'. But amid fears raised by MSPs, including First Minister John Swinney, that the legislation could be extended in the future, amendments could be made to the Bill, to further define the criteria. Protesters demonstrate against the Assisted Dying Bill outside the Scottish Parliament (Picture: Andrew Milligan) | PA Mr McArthur's definition of terminal illness largely follows that used in social security legislation - but amendments could further tailor the criteria for the purposes of the assisted dying legislation. There have been calls for a life expectancy requirement to be attached to the criteria in the Bill, an appeal Mr McArthur opposes. Despite him believing who qualifies as terminally ill being best left for professional clinicians, MSPs could attempt to place amendments to do so. Advertisement Hide Ad Advertisement Hide Ad Legislative competence It could be argued that Holyrood has gone soft on bringing forward contentious legislation - following the Scottish Parliament being on the receiving end of challenges from Westminster. The Scottish Government has had a change in attitude on difficult pieces of legislation that could cause issues south of the Border - with an active move to work in lockstep with Whitehall on some policies. Mr McArthur has undertaken dialogue with the Scotland Office since the start of his four-year campaign, including with previous Scottish Secretary Alister Jack. But mechanisms to ensure the assisted dying bill can be implemented in relation to cross-border or UK-wide issues, are likely to be attached to the Bill in the form of amendments. Advertisement Hide Ad Advertisement Hide Ad Independent oversight and review Calls have been made for an independent oversight mechanism to be made part of the assisted dying legislation. This could include the creation of an independent review panel or a potential role for the Chief Medical Officer in monitoring the Bill's implementation. The assisted dying proposals south of the Border ran into trouble over a plan for decisions to be signed off by a High Court judge. But Mr McArthur's Bill for Scotland has been criticised for a perceived lack of provision for the decision of medics to grant an assisted death to be independently reviewed or challenged.
Scotsman
19-05-2025
- Politics
- Scotsman
Holyrood finally shows us its true talent for serious debate
If you had asked me only a week ago if our MSPs were capable of expertly debating legislation to introduce assisted dying in Scotland, I would have laughed in your face. Sign up to our daily newsletter Sign up Thank you for signing up! Did you know with a Digital Subscription to Edinburgh News, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... As a seasoned observer of our Parliament since it was established 25 years ago, I have seen it at its best and sad to say, often at its worst. And over recent years, the quality of debate and scrutiny by MSPs has plummeted to an all-time low. Liberal Democrat MSP Liam McArthur speaks tio suppoters ahead of Tuesday's vote for the Assisted Dying for Terminally Ill Adults (Scotland) Bill . Picture: Lisa Ferguson The worst example is perhaps the Gender Recog-nition Reform Bill, which was railroaded through the committee process by partisan politicians in 2023. Advertisement Hide Ad Advertisement Hide Ad Warnings that the legislation was not fit for its purpose, most notably that it would affect UK-wide equality law, were ignored by both the Scottish Government and those MSPs whose main role is to thoroughly examine draft legislation to make sure it will work in practice. Indeed, the then First Minister, Nicola Sturgeon, snidely dismissed the views of opponents to the gender bill as 'not valid'. Yet only weeks after Holyrood passed the controversial law, the UK government stepped in and vetoed it because of its likely impact on the 2010 Equality Act, just as women's rights campaigners had warned. There are many other incidences of Holyrood's incompetence. John Swinney was forced to withdraw the named person legislation after a Supreme Court ruling said it breached the right to privacy and a family life under the European Con-vention on Human Rights. More recently, a national care bill collapsed in disarray, but only after the Scottish Government had wasted £30 million on it. A deposit return scheme met a similar fate. Advertisement Hide Ad Advertisement Hide Ad The list goes on, so when veteran Lib Dem MSP Liam McArthur introduced his private members bill on assisted dying, my heart sank. How could a bunch of politicians who couldn't even organise a deposit return scheme for Coke bottles be trusted with, literally, life and death? But last Tuesday's debate was a revelation. One after another, MSPs spoke eloquently and often from direct experience about terminal illness, disability and death. Labour MSP Pam Duncan Glancy moved many to tears when she urged her colleagues to vote against the bill because it risked legitimising a view that a life like hers – she is a permanent wheelchair user – isn't worth living. In an equally emotional speech, the bill's sponsor, Liam McArthur, appealed to MSPs to allow terminally ill Scots 'more choice and control over the way in which they die'. Advertisement Hide Ad Advertisement Hide Ad The bill passed its first stage last week, with 70 MSPs voting in favour of it, but there is still a long way to go before it becomes law, if it ever does. The bill could not have a better sponsor. Liam McArthur is liked and respected by everyone who works with him, and I have no doubt he will listen carefully to every concern. But the onus is now on his fellow MSPs to do the job they are paid for and scrutinise this bill line by line, offering amendments where necessary. There are plenty of difficult issues that need careful consideration, but after Tuesday's performance I am hopeful that Holyrood may just be up to the task.
Daily Record
18-05-2025
- Health
- Daily Record
Disabled MSP 'regularly' told by strangers they'd rather be dead than live like her
SUNDAY MAIL EXCLUSIVE: Pam Duncan-Glancy spoke about her experiences after MSPs voted in favour of Assisted Dying legislation. MSPs took a step closer to legalising assisted death in Scotland last week as a vote passed its first stage in Holyrood. For some campaigners the win has been hailed as a huge victory and the first step toward making the proposals a reality. Liam McArthur, the Liberal Democrat MSP who drafted the bill, said it was a 'landmark moment for Scotland' which could give terminally ill people a 'compassionate choice' to end their lives with medical assistance. Others say that such legislation could be the start of a slippery slope, arguing it devalues the lives of disabled people and those with chronic conditions and have raised concerns that people could be coerced into ending their lives prematurely. While at this first stage 70 MSPs voted in support of the plans, 55 voted against. It will now have to pass two more stages before it can become law in Scotland. Similar plans for England are in the process of going through Westminster with MPs debating dozens of amendments to Labour MP Kim Leadbetter's legislation for hours on Friday, eventually running out of time. In Holyrood parliamentarians gave similarly emotive speeches about why they felt so strongly in favour of, or against, allowing assisted dying in Scotland. Among them were Pam Duncan-Glancy, Labour MSP for Glasgow and George Adam, SNP MSP for Paisley who are both on opposite sides of the debate. Pam Duncan-Glancy Labour MSP Pam Duncan-Glancy made history in May 2021 when she became the first wheelchair user to be elected to Holyrood. Her journey to get there wasn't easy. On the night of her election victory she faced a 45-minute rigmarole to get into the Glasgow counting facility with staff questioning her presence and disbelieving she was Labour's parliamentary candidate. Despite struggles, Duncan-Glancy said she values what life has to offer and is afraid that the Assisted Dying legislation could devalue the lives of disabled people. The MSP was diagnosed with Juvenile Idiopathic Arthritis at just 18 months old - a condition that has caused her joints to fuse and has seen her use a wheelchair since the age of five. Having such a visible disability has attracted comments which she said highlighted a perception of disabled lives being in some way lesser than those of non- disabled people's. She said: 'We get it on a daily basis, but I don't think society quite sees it - it's just bubbling under the surface. People do live like we do - in pain, suffering, in intolerable circumstances. But despite all of that, with support and family around us, we have good lives. 'I have had strangers come up to me and say 'You're such an inspiration. I just couldn't live like you. I couldn't live if I had to put up with all that. I couldn't be here anymore.' 'Their intention is always kind but there is the perception that I must have such a terrible life. 'The man who gave me my very first job was paralysed from the neck down. He drove a Mercedes van, worked all across the world and was a leading professional in his field.' The 43-year-old said that she fears that disabled people could feel pressure to end their lives prematurely if assisted dying was legalised in Scotland. She said: 'There's overt coercion, where a family member or someone could benefit from a person's death and that's probably the easiest to detect. 'There's also covert coercion. For some people they might think they are a burden. Their family is burnt out having to care for them, they are being pushed to the absolute limit. Nobody is saying they want them to die but they know them being there is making life difficult for their family. You can see in a situation where families are on the brink and the person relying on them feels terrible. How are you supposed to detect or identify that? How on earth is a GP picking that up in seven minutes, if you can get your GP in the first place?' Duncan-Glancy said she understands the emotional reaction from those in support of the legislation but believes 'no amount of amendments' would make the doubts she has about it disappear. George Adam SNP MSP George Adam said he and his wife Stacey have become the 'Posh and Becks' of Holyrood since his emotive speech on his support for the Assisted Dying Bill last week, with journalists and campaigners eager to speak to them in parliament. The couple have been married for 28 years and said they have always been in support of people having the choice to end their lives if they are facing a painful death but until recently haven't had much opportunity to publicly discuss it. Stacey, 52, was diagnosed with Multiple Sclerosis (MS) at the age of 16. Her condition, caused by lesions on the brain and which causes muscle weakness and mobility problems, means she relies on a wheelchair to get around. Stacey's diagnosis would not on its own make her eligible for an assisted death but due to her reduced immune system it could lead to secondary infections or conditions that would enable her to have medical assistance to end her life. Adams said he was supportive of the bill as he wanted people like Stacey the ability to choose how their lives end, if they were eligible, and said it was 'not about disability rights'. The 55-year-old MSP said: 'I see all these people discussing disability rights. 'That's not what this bill's about. I'm quite happy to join with them and campaign after this is done because I agree disabled people are a minority group that are not getting the rights they should be getting 'But this bill is not about that. Being a disabled person does not mean you are eligible. The criteria would be for a terminal illness which is not the same.' Stacey said: 'Disabled people are not terminal. Saying that this is coming after disabled people is just not true and it's scaremongering actually. 'Since I was young my family have always talked about death and dying, and I've always felt supportive of assisted dying.' Stacey said her mum stopped taking her medication at the end of her life, despite being an experienced nurse and knowing the importance of it. She was taken into hospital but died shortly afterwards. It is this situation the couple say is what they want to avoid people resorting to in future. Adams, 55, said: 'By the time she was in hospital her organs were swimming in fluid. She was effectively drowning. 'We still don't know exactly what was wrong, the doctor said she was not a well woman. 'With hindsight, we think she knew from her experience as a health professional that something was not right which is why she stopped her medication.' The Assisted Dying bill will now be scrutinised by a committee of MSPs and amendments made before any final vote takes place. Join the Daily Record WhatsApp community! Get the latest news sent straight to your messages by joining our WhatsApp community today. You'll receive daily updates on breaking news as well as the top headlines across Scotland. No one will be able to see who is signed up and no one can send messages except the Daily Record team. All you have to do is click here if you're on mobile, select 'Join Community' and you're in! If you're on a desktop, simply scan the QR code above with your phone and click 'Join Community'. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. To leave our community click on the name at the top of your screen and choose 'exit group'.
