Could assisted dying be coming to Scotland?
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Scottish MSP Liam McArthur is optimistic about his bill being put to a vote in the year 2025.
Holyrood has introduced a bill that, if passed, could make Scotland the first nation in the UK to offer support to those who are terminally ill and want to end their lives.
Advocates of the proposed law argue that it could alleviate pain and distress.
Critics are concerned that individuals who are nearing the end of their lives may be compelled to take their own lives due to external forces.
The Lib Dem MSP, Liam McArthur, wrote the Assisted Dying for Terminally Ill Adults (Scotland) Bill.
He anticipates that there will be discourse on this topic in the upcoming fall season.
On Thursday, the bill was made public and it may be given the opportunity to be voted on in the upcoming year.
According to the Scottish government, ministers and members of the Scottish National Party who are not in Cabinet will not receive any direction on how to vote, as it is considered a matter of personal belief.
The leader of Scotland, Humza Yousaf, who practices Islam, has stated that he will probably vote against the proposed law. Furthermore, the bill is not supported by the Church of Scotland, the Catholic Church in Scotland, and the Scottish Association of Mosques.
According to the suggestions, in order for a patient to obtain medical help to terminate their life, they must suffer from a terminal sickness and must be declared mentally capable of making such a choice by two physicians.
According to Mr. McArthur, the illness must have reached an advanced and worsening stage. Additionally, medical professionals must guarantee that there is no pressure or force placed on the individual involved.
Furthermore, the individual needs to be 16 years old or older, should have been living in Scotland for at least a year, and must personally administer the medication to end their life.
Trying to commit suicide isn't against the law in Scotland, however, if you assist someone in ending their own life, you might face charges like murder, culpable homicide, or violations under the Misuse of Drugs Act 1971.
The Suicide Act 1961 criminalizes compelling or supporting another person's suicide or suicide attempt in England and Wales. Back in 2015, the House of Commons rejected a proposal to revise the legislation with a vote tally of 118 in favor and 330 in opposition.
The Criminal Justice Act 1966 contains a comparable violation in Northern Ireland.
Several nations have made it legal to receive assisted dying in some way - according to Dignity in Dying, over 200 million individuals worldwide have the opportunity.
There are several countries that permit physician-assisted dying, such as Switzerland which is often associated with the Dignitas facility. Other countries include Australia, Canada, Spain, and Colombia. In the United States, it is legal in 11 states and is referred to as “physician-assisted dying”, but laws differ from country to country.
The matter has been brought before the Scottish Parliament three times now.
Back in 2010, the members of the Scottish Parliament voted against the proposed law called the End of Life Assistance Bill presented by Margo MacDonald. The voting result was 85 against the bill and only 16 in its favor.
The autonomous Member of the Scottish Parliament, who suffered from Parkinson's Disease, passed away in 2014. This issue was then taken on by Patrick Harvie from the political party called Scottish Greens.
The next year, the bill that aimed to legalize assisted suicide was turned down with 82 votes against it and only 36 in favor.
Mr. McArthur's proposed law is called Assisted Dying instead of Assisted Suicide because activists have changed their strategy.
Dr. Fiona MacCormick from the Association for Palliative Medicine (APM) is among the critics who believe that the new terminology is not beneficial and could potentially cause harm. She also pointed out that the language used to describe suicide is too mild and indirect.
According to Dr Fiona MacCormick, she doesn't think that ending one's life is the solution to alleviate their suffering.
Mr. McArthur firmly opposes this idea as he believes that we are referring to individuals suffering from a life-threatening disease, and the reality that they are inevitably going to pass away has already been affirmed.
The member of Scottish Parliament (MSP) representing Orkney Islands thinks that there has been a notable change in attitude among his colleagues since the last time they discussed the issue. He feels optimistic that his suggestion will be accepted.
According to a recent poll conducted by Opinium Research on behalf of Dignity in Dying, there is a significant level of popular backing for the idea of "assisted dying" in the UK. The poll found that 78% of respondents from Scotland endorsed the idea of legalizing assisted dying.
Gillie Davison is one of the advocates of the proposed law as her partner Steve passed away due to throat cancer in April of last year.
One of the supporters is Gillie Davison. Her spouse, Steve, died in April of last year due to throat cancer. He was 56 years old.
According to Ms Davison, who is from Hawick in the Scottish Borders, her loved one experienced severe pain and discomfort during their last days and hours, despite receiving top-notch palliative care.
She clarifies that his passing was not peaceful as he was agitated and emotionally disturbed.
He did not receive what he desired. The option was what he longed for.
The woman has the view that if there were a law allowing assisted dying, her husband could have passed away peacefully at their house. With such a rule, other families might not have to go through the same "terrible" ordeal in the future.
According to her, altering the legislation would demonstrate "empathy and benevolence."
Dr. MacCormick expresses her worries regarding the possibility of incorrect diagnosis and prognosis, indirect manipulation, and wavering mental capabilities in individuals who are severely unwell.
Being a doctor specialized in palliative care, I believe that ending the life of a patient is not the solution to their suffering," she explained. When I come across patients who are grappling with pain, I don't consider euthanasia as an option.
However, a few patients who are suffering from a terminal illness have expressed that they would feel more at ease knowing that the option of assisted dying is available to them, even if they decide not to go through with it.
Mandie Malcolm is wishing for a modification in the legislation that would ease her concern about experiencing a violent demise.
Mandie Malcolm, who hails from Falkirk, received the news of her breast cancer diagnosis with metastasis in other areas of her body at the young age of 26 in 2015.
She was informed that she had only two to five years left to live.
At present, Ms Malcolm has reached the age of 34 and is grateful to the various improvements made in cancer treatment that have helped her stay alive. However, she expresses her apprehension and concern about the way her life will conclude, which is a source of stress for her, preventing her from getting enough sleep at night.
Before taking a new medication, she recounts being unable to leave her bed for weeks and experiencing an immense amount of physical discomfort.
She expresses deep concerns regarding her own demise. The possibility of enduring excruciating pain is a genuine source of terror for her.
Ms. Malcolm strongly supports the law for assisted dying. She believes that it would give her the freedom from worrying about experiencing a painful death and instead allow her to cherish the moments of joy in her life.
She expresses that it would signify an immense amount to both herself and her loved ones.
However, those who oppose the measure highlight laws implemented in Belgium and Canada where the requirements for eligibility have become lax over the years. This has resulted in a significant increase in the amount of deaths that are facilitated.
According to Mr. McArthur, his suggested legislation is not based on the liberal and extensive models. Instead, he refers to places like Oregon in the US, where the criteria for eligibility have remained unchanged since its implementation in 1997.
The broadcaster and campaigner, Dame Esther Rantzen, has expressed her support for him. She shared that she is contemplating going to Switzerland - the place where assisted suicide has been permissible since 1942 - to pass away since she has been diagnosed with an incurable lung cancer.
She expresses her admiration for the Scottish Parliament, who have prioritized discussing this critical matter and thoroughly examining the historic Assisted Dying Bill.
Audrey Birt thinks it would be better to allocate more funds towards palliative care.
Audrey Birt is currently facing terminal cancer, which is the fifth time she has been diagnosed with breast cancer in thirty years. She has been frequently visiting the hospital for the past twelve years.
However, she does not desire aid in terminating her life and is anxious that if the legislation is modified, a few patients may feel obligated to do so for the sake of their families.
She explained that in Scotland, they prefer not to inconvenience others.
"I'm concerned about that particular aspect - that there could be some kind of influence," she clarifies.
Ms Birt, who is currently 68 years of age, advocates for raised funding for palliative care. She personally receives this care at St Columba's Hospice located in Edinburgh.
She wonders if the bill would be less scary if everyone had access to the same resources she has discovered since arriving.
According to Helen Malo from Hospice UK, their charity does not take a stance on the bill. However, they do advocate for improved funding for palliative care.
The provision of funds for hospices has become a big challenge.
According to her, hospices provide assistance to more than 21,000 individuals in Scotland annually. However, they're facing difficulties since only one-third of their finances come from the government, while the others stem from charitable contributions, and mounting expenses.
According to Ms. Malo, a quarter of individuals do not receive specialized palliative treatment, and as the country's population grows older, demand is predicted to rise by 20% by 2040.
Dr. MacCormick from APM commented that there is a scarcity of expert palliative care physicians in Scotland compared to the number of MSPs.
According to her, if there is insufficient support for those with severe illnesses, assisted suicide may not simply remain an option. It can develop into an idea that patients are expected to consider, and this could put those who are vulnerable in danger.
Advocates who back the legislation express their desire for increased funding towards hospice care. They are also willing to engage in discussions about the possibility of incorporating this commitment into the bill.
They're also aware that they need to address moral, religious, and realistic concerns in order to pass the significant change they're proposing as a law.
