The Law Society of Scotland, representing over 13,000 Scottish solicitors, has condemned a proposed assisted suicide bill as “not fit for purpose”.
In a statement released on 22 August, the Law Society highlighted numerous failings in the Assisted Dying for Terminally Ill Adults (Scotland) Bill, as summed up in written evidence it submitted to the Scottish Health, Social Care and Sport Committee.
While the Law Society “does not have a moral or ethical position” on assisted suicide, its analysis of the proposed law found “concerning deficiencies”.
“The Bill’s provisions are not fit for purpose around key questions such as who can provide a medical assessment and what happens if a doctor does not believe the requirements for assisted dying have been met”, said Elaine Coull, Convener of the Law Society of Scotland’s Health and Medical Law Committee.
She also noted the Society’s “concerns that the role of solicitors outlined in the Bill may not be appropriate or in the best interests of the terminally ill person. Solicitors are called on to act as proxies to sign documents on behalf of people who cannot do so for themselves.
“This is primarily a notarial function, but the Bill requires that the solicitor reaches a judgement of the person’s understanding of the effect of the document. We are seriously concerned that a legal professional may not be the best person to make judgements on capacity.”
While the Society did not reject the Bill outright, it recommended that, “given the gravity and impact of the subject matter, it is imperative that the legislation can be updated in response to issues which come to light as soon as possible after it passes…
“We note that the Bill would require review after five years, which in our view is far too long a period.”
Assisted suicide bill in Scotland
The Scottish Health, Social Care and Sport Committee is currently taking evidence for and against Liam McArthur MSP’s assisted suicide bill, now at Stage 1.
The draft law grants assisted suicide to persons with “an advanced and progressive disease, illness or condition from which they are unable to recover and that can reasonably be expected to cause their premature death”.
However, SPUC has condemned the law, especially for its lack of safeguards and its loose definition of “terminal illness”, which could include alcoholism or any other condition said to shorten life expectancy.
A similar bill has been proposed for England and Wales in the House of Lords by Lord Falconer, while Prime Minister Sir Keir Starmer has promised a free vote on assisted suicide at some point during the Labour Government.
“Inherently irresponsible and unsafe”
SPUC’s Michael Robinson, Executive Director (Public Affairs and Legal Services), said: “Assisted suicide is inherently irresponsible and unsafe, and the only safeguard is not to legalise it in the first place. We have already seen where such laws lead in Canada – 15,000 assisted suicides in Canada in 2023 alone.
“While assisted suicide should be opposed on principle, the finer details of this Scottish proposal have also been found wanting, and it’s clear that the entire bill was flawed from the start.
“Despite this, we cannot be complacent. It’s vital that the public, as well as politicians, are informed about the mortal threat that assisted suicide poses to vulnerable people. The Scottish Parliament’s first duty must be to protect its citizens from coercion, harm and ultimately a needless death.”