Issues with Assisted Dying Bill must be addressed

Serious issues with the Scottish Parliament’s Assisted Dying Bill must be addressed to avoid uncertainly and negative outcomes, according to the Law Society of Scotland.

The Law Society, as the professional body for Scottish solicitors, does not have a moral or ethical position on the stated objectives of the Assisted Dying for Terminally Ill Adults (Scotland) Bill.

Rather, the Society’s detailed analysis has focused on legal and practical elements of the legislation, including safeguards to ensure such provisions are not misused.

Elaine Coull, Convener of the Law Society of Scotland’s Health and Medical Law Committee, said: “All legislation must be meticulously drafted, but such care is particularly important in relation to assisted dying. We’ve identified a number of concerning deficiencies with this bill which must be urgently addressed.

“We have serious concerns about the competence of this Bill in relation to the European Convention on Human Rights and mental health and capacity legislation. In particular, the bill would appear at odds with key elements of the Age of Legal Capacity Act 1991.

“The proposed role for medical professionals is similarly a concern. 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.

“We also have 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.

“We note that the Bill would require review after five years, which in our view is far too long a period. 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.”

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