Assisted Dying for Terminally Ill Adults (Scotland) Bill: Detailed Consultation – Call for Views

Closed 16 Aug 2024

Opened 7 Jun 2024

Published responses

View submitted responses where consent has been given to publish the response.

Overview

About this call for evidence - please read before progressing

The purpose of this call for evidence is to gather views on the Bill. Those views will inform the Committee’s scrutiny.

The call for views and analysis:

  • aim to help the Committee understand the reasons people have for either supporting or opposing the Bill
  • aim to help the Committee understand how people would like to see the Bill amended
  • will not establish whether more people support or oppose the Bill

The Committee will base any assessment of public opinion on published data from opinion polls. As responses to this call for evidence will be self-selecting, they cannot be assumed to be representative of public opinion and will not be treated as such.

How to contribute

There are several options available to anyone wishing to contribute to this call for evidence.

All are valid ways of responding and will be given equal weighting in analysis:

Short survey

This is for people who wish to express general views about the Bill as a whole, including:

  • whether they support or oppose it
  • why they support or oppose it

We will publish a summary of the responses to the survey. However, we will not publish each response in full, or the names of people who responded.

Questions in the short survey

The purpose of the Assisted Dying for Terminally Ill Adults (Scotland) Bill is to introduce a lawful form of assisted dying for people over the age of 16 with a terminal illness.

Which of the following best reflects your views on the Bill?

  • Fully support
  • Partially support
  • Neutral/Don’t know
  • Partially oppose
  • Strongly oppose

Which of the following factors are most important to you when considering the issue of assisted dying?

  • Impact on healthcare professionals and the doctor/patient relationship
  • Personal autonomy
  • Personal dignity
  • Reducing suffering
  • Risk of coercion of vulnerable people
  • Risk of devaluing lives of vulnerable groups
  • Sanctity of life
  • Risk of eligibility being broadened and safeguards reduced over time
  • Other, please specify in this text box (200 words max)

Do you have any other comments on the Bill?

How did you find out about this consultation?

  • Scottish Parliament website
  • Radio
  • National newspaper
  • Local newspaper
  • Social media
  • Other (please provide further details)

Detailed call for evidence

This is for people, groups, bodies or organisations who wish to comment on specific aspects of the Bill.

Our aim is to publish all the submissions we receive to the detailed call for evidence. The only exceptions to this are where submissions are made on a “confidential” or “not for publication” basis.

Please note: If we receive a very high volume of submissions, we may not have the resources to process and publish them all.

Responses from individuals will be anonymised if requested by the submitter.

Questions in the detailed call for evidence

Question 1 – Overarching question

The purpose of the Assisted Dying for Terminally Ill Adults (Scotland) Bill is to introduce a lawful form of assisted dying for people over the age of 16 with a terminal illness.

Which of the following best reflects your views on the Bill?

  • Fully support
  • Partially support
  • Neutral/Don’t know
  • Partially oppose
  • Strongly oppose

Which of the following factors are most important to you when considering the issue of assisted dying?

  • Impact on healthcare professionals and the doctor/patient relationship
  • Personal autonomy
  • Personal dignity
  • Reducing suffering
  • Risk of coercion of vulnerable people
  • Risk of devaluing lives of vulnerable groups
  • Sanctity of life
  • Risk of eligibility being broadened and safeguards reduced over time
  • Other, please specify

Question 2 – Eligibility

The Bill proposes that assisted dying would be available only to terminally ill adults.

The Bill defines someone as terminally ill if they ‘have 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’.

An adult is defined as someone aged 16 or over. To be eligible a person would also need to have been resident in Scotland for at least 12 months and be registered with a GP practice.

Eligibility – Terminal illness

Which of the following most closely matches your opinion on the terminal illness criterion for determining eligibility for assisted dying?

  • No-one should be eligible for assisted dying
  • Assisted dying should be available only to people who are terminally ill, and the definition of terminal illness should be narrower than in the Bill
  • Assisted dying should be available only to people who are terminally ill, and the definition of terminal illness in the Bill is about right
  • Assisted dying should be available only to people who are terminally ill, but the definition of terminal illness should be broader than in the Bill
  • Assisted dying should be available to people who are terminally ill, and to people in some other categories.
  • Other – please provide further detail

If you have further comments, please provide these

Eligibility – minimum age

Which of the following most closely matches your opinion on the minimum age at which people should be eligible for assisted dying? 

  • No-one should be eligible for assisted dying.
  • The minimum age should be lower than 16
  • The minimum age should be 16
  • The minimum age should be 18
  • The minimum age should be higher than 18
  • Other – please provide further detail

If you have further comments, please provide these

Question 3 – The Assisted Dying procedure and procedural safeguards

The Bill describes the procedure which would be in place for those wishing to have an assisted death.

It sets out various procedural safeguards, including:

  • examination by two doctors
  • test of capacity
  • test of non-coercion
  • two-stage process with period for reflection

Which of the following most closely matches your opinion on the Assisted Dying procedure and the procedural safeguards set out in the Bill?

  • I do not agree with the procedure and procedural safeguards because I oppose assisted dying in principle
  • The procedure should be strengthened to protect against abuse
  • The procedure strikes an appropriate balance
  • The procedure should be simplified to minimise delay and distress to those seeking an assisted death
  • Other – please provide further detail

If you have further comments, please provide these

Question 4 – Method of dying

The Bill authorises a medical practitioner or authorised health professional to provide an eligible adult who meets certain conditions with a substance with which the adult can end their own life.

Which of the following most closely matches your opinion on this aspect of the Bill?

  • It should remain unlawful to supply people with a substance for the purpose of ending their own life.

  • It should become lawful to supply people with a substance for the purpose of ending their own life, as proposed in the Bill
  • It should become lawful to supply people with a substance for the purpose of ending their own life, as proposed in the Bill, and it should also be possible for someone else to administer the substance to the adult, where the adult is unable to self-administer.
  • Other – please provide further detail

If you have further comments, please provide these

Question 5 - Health professionals 

The Bill requires the direct involvement of medical practitioners and authorised health professionals in the assisted dying process. It includes a provision allowing individuals to opt out as a matter of conscience.

Which of the following most closely matches your opinion on how the Bill may affect the medical profession? Tick all that apply.

  • Medical professionals should not be involved in assisted dying, as their duty is to preserve life, not end it.
  • The Bill strikes an appropriate balance by requiring that there are medical practitioners involved, but also allowing those with a conscientious objection to opt out.
  • Assisting people to have a “good death” should be recognised as a legitimate role for medical professionals
  • Legalising assisted dying risks undermining the doctor-patient relationship
  • Other – please provide further detail

If you have further comments, please provide these

Question 6 - Death certification

If a person underwent an assisted death, the Bill would require their underlying terminal illness to be recorded as the cause of death on their death certificate, rather than the substance that they took to end their life.

Which of the following most closely matches your opinion on recording the cause of death?

  • I do not support this approach because it is important that the cause of death information is recorded accurately
  • I support this approach because this will help to avoid potential stigma associated with assisted death
  • Other – please provide further detail

If you have further comments, please provide these

Question 7 – Reporting and review requirements

The Bill proposes that data on first and second declarations, and cancellations, will be recorded and form part of the person’s medical record.

It also proposes that Public Health Scotland should collect data on; requests for assisted dying, how many people requesting assisted dying were eligible, how many were refused and why, how many did not proceed and why, and how many assisted deaths took place.

Public Health Scotland would have to report on this anonymised data annually and a report would be laid before the Scottish Parliament.

The Scottish Government must review the operation of the legislation within five years and lay a report before the Scottish Parliament within six months of the end of the review period.

Which of the following most closely matches your opinion on the reporting and review requirements set out in the Bill?

  • The reporting and review requirements should be extended to increase transparency
  • The reporting and review requirements set out in the Bill are broadly appropriate
  • The reporting and review requirements seem excessive and would place an undue burden on frontline services
  • Other – please provide further detail

If you have further comments, please provide these

Question 8 – Any other comments on the Bill

Do you have any other comments in relation to the Bill?

Alternative format - Easy Read

This is an alternative format of the short survey for people with a learning disability. Easy Read combines clear and simple wording with images that help to explain the text.

Individual responses will not be published. A summary of responses will be produced by the Parliament and included in analysis presented to MSPs.

Alternative format - BSL

This is an alternative format of the short survey for people who communicate through British Sign Language.

Individual responses will not be published. Responses will be summarised by the Parliament and included in analysis presented to MSPs.

Other formats

The Scottish Parliament is committed to making our online content as accessible as possible. If you need this content in a different format, please contact ADBill@parliament.scot.

Analysis

The Scottish Parliament Information Centre (SPICe) will prepare a summary and analysis of responses to the calls for evidence.

If we receive a very high volume of submissions to the detailed call for evidence, this may need to be prepared on the basis of a sample of submissions.

Campaigning

We recognise that campaign groups with a view, either in favour or against the Bill, may want to encourage supporters to share their views.

All such submissions are welcome if submitted individually using this platform.

If we become aware that campaign groups are using non-standard means to channel their supporters’ views, we may be unable to accept those submissions. Examples of this include a high volume of submissions from a single Internet Protocol address, or submissions that appear to be machine generated.

We reserve the right to reject submissions that have reached us via third-party software unless we can be satisfied that they are the views of real individuals who have given the appropriate permissions and have been given access to all relevant accompanying information (including the Scottish Parliament’s privacy notice explaining how their personal data will be processed) before submitting their views.

We would encourage any interested campaign group to contact us. We can discuss how to ensure your supporters can respond to the call for evidence in a way that avoids the risk of submissions being rejected.

Even where submissions meet all the requirements, organisations might want to consider contacting us to discuss the most effective way to engage with this call for evidence to ensure that people's views are heard.  A co-ordinated response might be more effective than encouraging mass submissions.

About the Bill

Further information about the Bill is available on the Scottish Parliament website.

This call for views will close at 11.59pm on Friday, 16 August 2024 and no extensions will be given for late submissions.

Interests

  • HSCS