Assisted Suicide Proposals 'Flawed'

Proposals to legalise assisted suicide are flawed and face major challenges'' going forward, a Holyrood committee has said.

The Health Committee said that while the majority of its members did not support the general principles of the Assisted Suicide Bill, it would make no formal recommendation to Parliament on the legislation as it was a matter of conscience.

MSPs have been hearing evidence from individuals and groups for and against the legislation as it makes its way through the Scottish Parliament.

The Bill, which is being championed by Green MSP Patrick Harvie following the death of independent MSP Margo MacDonald, would allow those with terminal or life-shortening illnesses to obtain help in ending their suffering.

A report scrutinising the Bill at stage one said: The committee believes the Bill contains significant flaws. These present major challenges as to whether the Bill can be progressed.''

Bob Doris MSP, deputy convener of the committee, said: First of all, the committee wants to acknowledge the positive intentions of Patrick Harvie MSP in bringing this legislation forward.

Whilst we recognised the complex moral and legal issues that arose during our detailed scrutiny, it was important that we listened, debated and heard the many passionate voices on both sides of the debate.

The committee has recognised throughout its work that the proposed legislation touches lives in a deeply personal way and we thank those individuals for sharing their personal experience.

The committee's intention was to inform the debate and not influence the outcome as that is a matter of conscience for the Parliament when they vote later this month.

However, the Committee agreed that the Bill will need significant amendment should it progress through the parliamentary scrutiny process.''

In response, Mr Harvie said: This committee report makes no formal recommendation to MSPs, and it's right that members decide on this issue each having considered it carefully.

It is, however, disappointing that the committee has placed so little emphasis on the responses I and others have given to the criticisms of the Bill, many of which are grounded in an ideological opposition to personal choice.

I am hopeful that MSPs will listen to all sides when the Bill reaches the voting stage, and that they will act to end the unnecessary suffering of those who are seeking help to take control at the end of their lives.''

The committee's report was informed by the written views of more than 800 people and organisations, with oral evidence taken from more than 30 individuals and groups.

Sheila Duffy from My Life, My Death, My Choice, the campaign supporting the Bill, said: We are content that the Health and Sport Committee has produced a report which seeks to inform the debate and makes no formal recommendation to the Parliament on the Stage 1 vote, leaving the issue up to each MSP to decide for themselves.

This is only right and proper with an issue subject to a free vote but is a huge step forward from a similar stage of previous attempts at this kind of legislation, reflecting the improvements that have been made.''

The full Parliament will debate the legislation before May 29 and decide whether to agree to its general principles.

The Bill is the second attempt to legislate for assisted suicide at Holyrood, after previous proposals were rejected by MSPs in a free vote in 2010.

The committee's report analysed issues including the existing law, compassion, autonomy, mental capacity and the role of healthcare professionals.

It said: The committee is not persuaded by the argument that the lack of certainty in the existing law on assisted suicide makes it desirable to legislate to permit assisted suicide.''

MSPs said they were also not persuaded that the principle of respect for autonomy on its own required the legalisation of assisted suicide.

Their report raises concerns about an unacceptable'' lack of clarity in some of the language used in the Bill.

It says: It seems clear that in numerous respects, some of which go to the heart of the Bill's purpose, the language of the Bill would introduce much uncertainty.''

The committee also calls for Mr Harvie to consider suggestions from witnesses for measures aimed at minimising the risk of coercion, if the Bill is approved at stage one.

The report adds: However, the committee notes the observation by the BMA (British Medical Association) that there is no way to guarantee the absence of coercion in the context of assisted suicide.''

MSPs also raised concerns that the Bill had the potential to undermine suicide prevention messages by softening cultural perceptions of suicide at the perimeters''.

Mr Harvie said: When I agreed to take this bill forward following the loss of Margo MacDonald, I was clear that I would be open to suggestions to strengthen it, so we achieve a robust piece of legislation.

I will publish a full response to the stage 1 report before the Bill reaches its first vote.''

Dr Gordon Macdonald, of the opposition campaign Care Not Killing, said: This report confirms what we have said all along.

The Bill is poorly thought-out, ill-conceived, badly drafted and effectively not fit for purpose.

We are delighted that the committee agrees with us that the Bill contains significant flaws which are likely to prevent it from being enacted.

It is gratifying to note a majority of the committee is against the Bill although they have not made a formal recommendation to the Parliament to reject the Bill.''