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Liam McArthur, the Liberal Democrat MSP championing the legalisation of assisted dying in Scotland, has indicated his willingness to support an amendment that would restrict access to those with a terminal illness and a prognosis of six months or less to live. The current wording of the Assisted Dying for Terminally Ill Adults (Scotland) Bill, which McArthur introduced, applies more broadly to any terminally ill adult who is mentally competent, without a specific time frame for life expectancy.
This proposed change aims to align the Scottish legislation with similar forthcoming laws at Westminster and is seen by McArthur as a potential way to ease concerns among MSPs who are undecided ahead of the final parliamentary vote. The decisive stage three ballot on the bill is scheduled to take place at Holyrood next month, following a preliminary approval in May when the bill passed stage one by 70 votes to 56. However, the bill’s passage remains uncertain, as it could fail with even a small number of MSPs switching their position.
Initially, McArthur opposed including a six-month prognosis limitation, expressing worries that such a restriction could be arbitrary and inflexible, and difficult to determine with precision. Nevertheless, he now acknowledges that many MSPs may find reassurance in the inclusion of a prognosis period, especially given its use in parts of Australia and the US, where assisted dying is legal and where the system reportedly functions without undue problems for patients or medical professionals. McArthur sees this as a possible safeguard that should not pose unreasonable hurdles for eligible individuals, stating, “I think this is an amendment that may command support across the parliament and if that gives more reassurance to colleagues ahead of the final vote at stage three then I’m supportive of it.”
Meanwhile, Labour MSP Daniel Johnson, who supported the bill during stage one, has been actively seeking amendments that would introduce the six-month prognosis criterion. He intends to bring forward a similar amendment at the upcoming vote, emphasizing that the law should apply to those truly in the final phase of life. Johnson remarked, “This is about people who are in the very final stages, where perhaps they have exhausted all the other possibilities.” He acknowledges the challenges in predicting exact prognoses but believes the six-month threshold offers a necessary benchmark to safeguard the legislation. Johnson also voiced concerns that the current open-ended eligibility could create an expectation for assisted dying as a default option, which he considers “really dangerous.” He is also calling for stronger assurances that safeguards will be in place to ensure patients’ decisions are fully informed and free of coercion.
Not all MSPs are convinced by these proposed changes. Scottish Conservative MSP Craig Hoy has firmly stated that no amendment will be enough to persuade him to support the bill. He warned that even if the current changes are accepted, the legislation could still pave the way for future modifications by judges or parliamentarians, which might stray beyond initial intentions and make the law unacceptable to those voting for it now. Hoy described this as being “at the top of a very slippery slope,” expressing skepticism about the long-term implications of legalising assisted dying
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