19-05-2025
Scotland's assisted dying law ‘unlikely to pass as 21 MSPs waver'
Scotland's assisted dying Bill is unlikely to become law, with more than 20 MSPs poised to drop their support, opponents say.
Last week, MSPs supported the principles of the Assisted Dying for Terminally Ill Adults (Scotland) Bill by 70 votes to 56, allowing it to clear its first parliamentary hurdle at Holyrood.
But some who who backed the legislation warned they would switch sides and oppose it unless changes were made to address major concerns.
Analysis published by Right for Life, a charity opposing the Bill, found that 21 MSPs were in this category of 'waverers'. They backed the Bill but could change their minds for the final vote.
Only seven would need to 'flip' for the legislation to be defeated if there were no defections the other way.
Waverers are said to include Russell Findlay, the Scottish Tory leader, Ross Greer of the Scottish Greens, Colin Smyth of Labour, and Shirley-Anne Somerville, the SNP's social justice secretary.
MSPs are now expected to table dozens of amendments to the Bill before the final vote on whether it should become law in the autumn or winter.
John Lamont, the Scottish Tory MP, said: 'Despite the public statements to the contrary, Tuesday's vote will feel like a setback for those in favour of assisted suicide north and south of the Border. There is all to play for and every reason to believe this dangerous Bill may still be prevented from becoming law.
'It was made clear during the debate and public statements beforehand that many MSPs have given this Bill only qualified support and voted for it simply so the debate can continue. Only a tiny number of MSPs need to flip to ensure it's defeated later in the Parliamentary process.'
Mr Lamont added: 'We've seen south of the border that a narrow passage at such an early stage means little when you get into the nitty-gritty of the Bill.'
Separate legislation introducing assisted dying in England and Wales has been tabled in the Commons by Kim Leadbeater, the Labour MP. Two previous attempts to change the law in Scotland were defeated at the first hurdle.
The latest Scottish Bill would give mentally competent people over 16 who have been diagnosed with a terminal condition the right to end their life.
Liam McArthur, the Liberal Democrat MSP who tabled the legislation, has since agreed that the lower age limit should be raised to 18.
Safeguards would include independent assessments by two doctors and a 14-day cooling off period. There would also be a requirement for those requesting an assisted death to have lived in Scotland for at least a year.
MSPs were given a free vote on Mr McArthur's Bill, meaning they could vote in line with their consciences and were not whipped by their parties.
Before the vote, an impassioned Holyrood debate heard widespread fears that the Bill did not include enough protections for vulnerable people, particularly the disabled, who might be coerced into ending their lives.
Opponents expressed concern that the Bill would be a 'slippery slope', with the number of people eligible for an assisted death increasing markedly over time.
They also said that the definition of terminal illness in the legislation was too broad, with no lifespan time limit, and that it covered conditions such as anorexia.
Mr Findlay said last week that he shared 'many of the reservations that have been expressed about the Bill, not least around the potential for coercion and the criteria being widened through later legal challenges'.
Mr McArthur said he would spend the coming months discussing with other MSPs 'whether there are amendments which would supplement the extensive safeguards in the bill'.
He said: 'Several of those who voted against the bill have also indicated to me that they are sympathetic to the principle and open to further discussions.
'I am optimistic and looking forward to sitting down with colleagues over the coming months to plan how we deliver the long overdue choice of an assisted death for terminally ill Scots who wish it.'
