Ruth Maguire
Scottish National Party · Scotland
“As well as the casework that I receive from citizens who are not currently having their needs met by the health and social care services, I have direct experience of living with a diagnosis that will not be cured. My life will be shortened—I do not like saying that out loud, especially in front of you lot, but it is a fact.”
“I share that thought in the full knowledge that people in my situation are not a homogeneous group and because I want colleagues to consider, if it weighs so heavily on me, as someone in a position of financial privilege with a large, loving family who are able to care for each other— indeed, as someone whose job it has been for 10 years…”
“Are we really going to be a country where the state funds dying while hospice care relies on charity? Consent, choice, free will and autonomy are not experienced equally by all.”
“I start by sharing my respect for Liam McArthur; I find him to be a good parliamentarian and a good man. However, I must also say that it remains a fact that consent, choice, free will and autonomy are not being experienced equally by all.”
“I did not get into politics to talk about myself and my own feelings; this is certainly not a natural space for me to be in, arguing against something that I am fearful of rather than for something that I believe will bring about a positive change or protect people.”
“Furthermore, the substances to be used and whether any use would be unlicensed or off-label are still to be determined. It is possible that they could be substances that a pharmacist cannot supply—for example, a schedule 1 controlled drug—which could make that restrictive definition difficult.”
The complete record
Every one of 171 lines we hold for Ruth Maguire, in date order, each linked to its source. Free to read, in full, without an account. Page 2 of 4.
“For Adamson, Clare (Motherwell and Wishaw) (SNP) Allan, Alasdair (Na h-Eileanan an Iar) (SNP) Baillie, Jackie (Dumbarton) (Lab) Baker, Claire (Mid Scotland and Fife) (Lab) Balfour, Jeremy (Lothian) (Ind) Bibby, Neil (West Scotland) (Lab) Boyack, Sarah (Lothian) (Lab) Carson, Finlay (Galloway and West Dumfries) (Con) Choudhury, Foysol (Lothian) (Ind) Clark, Katy (West Scotland) (Lab) Doris, Bob (Glasgow Maryhill and Springburn) (SNP) Dowey, Sharon (South Scotland) (Con) Duncan-Glancy, Pam (Glasgow) (Ind) Eagle, Tim (Highlands and Islands) (Con) Ewing, Annabelle (Cowdenbeath) (SNP) Findlay, Russell (West Scotland) (Con) Forbes, Kate (Skye, Lochaber and Badenoch) (SNP) Fraser, Murdo (Mid Scotland and Fife) (Con) Gallacher, Meghan (Central Scotland) (Con) Golden, Maurice (North East Scotland) (Con) Gosal, Pam (West Scotland) (Con) Gougeon, Mairi (Angus North and Mearns) (SNP) Grant, Rhoda (Highlands and Islands) (Lab) Griffin, Mark (Central Scotland) (Lab) Halcro Johnston, Jamie (Highlands and Islands) (Con) Hoy, Craig (South Scotland) (Con) Kerr, Stephen (Central Scotland) (Con) Leonard, Richard (Central Scotland) (Lab) MacGregor, Fulton (Coatbridge and Chryston) (SNP) Maguire, Ruth (Cunninghame South) (SNP) Marra, Michael (North East Scotland) (Lab) Mason, John (Glasgow Shettleston) (Ind) Matheson, Michael (Falkirk West) (SNP) McAllan, Màiri (Clydesdale) (SNP) McCall, Roz (Mid Scotland and Fife) (Con) McKee, Ivan (Glasgow Provan) (SNP) McMillan, Stuart (Greenock and Inverclyde) (SNP) McNair, Marie (Clydebank and Milngavie) (SNP) Mundell, Oliver (Dumfriesshire) (Con) Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP) O’Kane, Paul (West Scotland) (Lab) Roddick, Emma (Highlands and Islands) (SNP) Ross, Douglas (Highlands and Islands) (Con) Rowley, Alex (Mid Scotland and Fife) (Lab) Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab) Sarwar, Anas (Glasgow) (Lab) Simpson, Graham (Central Scotland) (Reform) Smith, Liz (Mid Scotland and Fife) (Con) Somerville, Shirley-Anne (Dunfermline) (SNP) Sturgeon, Nicola (Glasgow Southside) (SNP) Sweeney, Paul (Glasgow) (Lab) White, Tess (North East Scotland) (Con) Whitfield, Martin (South Scotland) (Lab) Yousaf, Humza (Glasgow Pollok) (SNP) Against Adam, George (Paisley) (SNP) Adam, Karen (Banffshire and Buchan Coast) (SNP) Arthur, Tom (Renfrewshire South) (SNP) Beattie, Colin (Midlothian North and Musselburgh) (SNP) Briggs, Miles (Lothian) (Con) Brown, Keith (Clackmannanshire and Dunblane) (SNP) Brown, Siobhian (Ayr) (SNP) Burgess, Ariane (Highlands and Islands) (Green) Burnett, Alexander (Aberdeenshire West) (Con) Callaghan, Stephanie (Uddingston and Bellshill) (SNP) Carlaw, Jackson (Eastwood) (Con) Chapman, Maggie (North East Scotland) (Green) Coffey, Willie (Kilmarnock and Irvine Valley) (SNP) Cole-Hamilton, Alex (Edinburgh Western) (LD) Constance, Angela (Almond Valley) (SNP) Dey, Graeme (Angus South) (SNP) Don-Innes, Natalie (Renfrewshire North and West) (SNP) Dornan, James (Glasgow Cathcart) (SNP) Dunbar, Jackie (Aberdeen Donside) (SNP) FitzPatrick, Joe (Dundee City West) (SNP) Gibson, Kenneth (Cunninghame North) (SNP) Gilruth, Jenny (Mid Fife and Glenrothes) (SNP) Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP) Gray, Neil (Airdrie and Shotts) (SNP) Greene, Jamie (West Scotland) (LD) Greer, Ross (West Scotland) (Green) Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con) Harper, Emma (South Scotland) (SNP) Harvie, Patrick (Glasgow) (Green) Haughey, Clare (Rutherglen) (SNP) Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP) Hyslop, Fiona (Linlithgow) (SNP) Kerr, Liam (North East Scotland) (Con) Kidd, Bill (Glasgow Anniesland) (SNP) Lennon, Monica (Central Scotland) (Lab) Lochhead, Richard (Moray) (SNP) MacDonald, Gordon (Edinburgh Pentlands) (SNP) Mackay, Gillian (Central Scotland) (Green) Mackay, Rona (Strathkelvin and Bearsden) (SNP) Macpherson, Ben (Edinburgh Northern and Leith) (SNP) Martin, Gillian (Aberdeenshire East) (SNP) McArthur, Liam (Orkney Islands) (LD) McLennan, Paul (East Lothian) (SNP) McNeill, Pauline (Glasgow) (Lab) Minto, Jenni (Argyll and Bute) (SNP) Mochan, Carol (South Scotland) (Lab) Regan, Ash (Edinburgh Eastern) (Ind) Rennie, Willie (North East Fife) (LD) Robertson, Angus (Edinburgh Central) (SNP) Robison, Shona (Dundee City East) (SNP) Ruskell, Mark (Mid Scotland and Fife) (Green) Slater, Lorna (Lothian) (Green) Stevenson, Collette (East Kilbride) (SNP) Stewart, Alexander (Mid Scotland and Fife) (Con) Stewart, Kaukab (Glasgow Kelvin) (SNP) Stewart, Kevin (Aberdeen Central) (SNP) Thomson, Michelle (Falkirk East) (SNP) Todd, Maree (Caithness, Sutherland and Ross) (SNP) Torrance, David (Kirkcaldy) (SNP) Tweed, Evelyn (Stirling) (SNP) Villalba, Mercedes (North East Scotland) (Lab) Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP) Whittle, Brian (South Scotland) (Con) Wishart, Beatrice (Shetland Islands) (LD) Abstentions Fairlie, Jim (Perthshire South and Kinross-shire) (SNP) Johnson, Daniel (Edinburgh Southern) (Lab) Mountain, Edward (Highlands and Islands) (Con) The Presiding Officer: The result of the division is: For 54, Against 64, Abstentions 3.”
“Amendment 139 disagreed to. Amendment 140 moved—[Emma Roddick]. The Presiding Officer: The question is, that amendment 140 be agreed to. Are we agreed? Members: No. The Presiding Officer: There will be a division. The vote is closed. Jackie Baillie: On a point of order, Presiding Officer. I had problems with the app. I would have voted yes. The Presiding Officer: Thank you, Ms Baillie. We will ensure that that is recorded.”
“For Baillie, Jackie (Dumbarton) (Lab) Balfour, Jeremy (Lothian) (Ind) Bibby, Neil (West Scotland) (Lab) Carson, Finlay (Galloway and West Dumfries) (Con) Choudhury, Foysol (Lothian) (Ind) Dowey, Sharon (South Scotland) (Con) Duncan-Glancy, Pam (Glasgow) (Ind) Eagle, Tim (Highlands and Islands) (Con) Ewing, Annabelle (Cowdenbeath) (SNP) Findlay, Russell (West Scotland) (Con) Forbes, Kate (Skye, Lochaber and Badenoch) (SNP) Fraser, Murdo (Mid Scotland and Fife) (Con) Gallacher, Meghan (Central Scotland) (Con) Golden, Maurice (North East Scotland) (Con) Gosal, Pam (West Scotland) (Con) Grant, Rhoda (Highlands and Islands) (Lab) Griffin, Mark (Central Scotland) (Lab) Halcro Johnston, Jamie (Highlands and Islands) (Con) Hoy, Craig (South Scotland) (Con) Kerr, Stephen (Central Scotland) (Con) Marra, Michael (North East Scotland) (Lab) Mason, John (Glasgow Shettleston) (Ind) McCall, Roz (Mid Scotland and Fife) (Con) McNeill, Pauline (Glasgow) (Lab) Regan, Ash (Edinburgh Eastern) (Ind) Ross, Douglas (Highlands and Islands) (Con) Rowley, Alex (Mid Scotland and Fife) (Lab) Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab) Smith, Liz (Mid Scotland and Fife) (Con) White, Tess (North East Scotland) (Con) Yousaf, Humza (Glasgow Pollok) (SNP) Against Adam, George (Paisley) (SNP) Adam, Karen (Banffshire and Buchan Coast) (SNP) Allan, Alasdair (Na h-Eileanan an Iar) (SNP) Arthur, Tom (Renfrewshire South) (SNP) Baker, Claire (Mid Scotland and Fife) (Lab) Beattie, Colin (Midlothian North and Musselburgh) (SNP) Briggs, Miles (Lothian) (Con) Brown, Keith (Clackmannanshire and Dunblane) (SNP) Brown, Siobhian (Ayr) (SNP) Burgess, Ariane (Highlands and Islands) (Green) Burnett, Alexander (Aberdeenshire West) (Con) Callaghan, Stephanie (Uddingston and Bellshill) (SNP) Carlaw, Jackson (Eastwood) (Con) Chapman, Maggie (North East Scotland) (Green) Clark, Katy (West Scotland) (Lab) Coffey, Willie (Kilmarnock and Irvine Valley) (SNP) Cole-Hamilton, Alex (Edinburgh Western) (LD) Constance, Angela (Almond Valley) (SNP) Dey, Graeme (Angus South) (SNP) Don-Innes, Natalie (Renfrewshire North and West) (SNP) Doris, Bob (Glasgow Maryhill and Springburn) (SNP) Dornan, James (Glasgow Cathcart) (SNP) Dunbar, Jackie (Aberdeen Donside) (SNP) FitzPatrick, Joe (Dundee City West) (SNP) Gibson, Kenneth (Cunninghame North) (SNP) Gilruth, Jenny (Mid Fife and Glenrothes) (SNP) Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP) Gray, Neil (Airdrie and Shotts) (SNP) Greene, Jamie (West Scotland) (LD) Greer, Ross (West Scotland) (Green) Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con) Harper, Emma (South Scotland) (SNP) Harvie, Patrick (Glasgow) (Green) Haughey, Clare (Rutherglen) (SNP) Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP) Hyslop, Fiona (Linlithgow) (SNP) Johnson, Daniel (Edinburgh Southern) (Lab) Kerr, Liam (North East Scotland) (Con) Kidd, Bill (Glasgow Anniesland) (SNP) Lennon, Monica (Central Scotland) (Lab) Leonard, Richard (Central Scotland) (Lab) Lochhead, Richard (Moray) (SNP) MacDonald, Gordon (Edinburgh Pentlands) (SNP) MacGregor, Fulton (Coatbridge and Chryston) (SNP) Mackay, Gillian (Central Scotland) (Green) Mackay, Rona (Strathkelvin and Bearsden) (SNP) Macpherson, Ben (Edinburgh Northern and Leith) (SNP) Martin, Gillian (Aberdeenshire East) (SNP) Matheson, Michael (Falkirk West) (SNP) McAllan, Màiri (Clydesdale) (SNP) McArthur, Liam (Orkney Islands) (LD) McKee, Ivan (Glasgow Provan) (SNP) McLennan, Paul (East Lothian) (SNP) Minto, Jenni (Argyll and Bute) (SNP) Mochan, Carol (South Scotland) (Lab) Mundell, Oliver (Dumfriesshire) (Con) Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP) Rennie, Willie (North East Fife) (LD) Robertson, Angus (Edinburgh Central) (SNP) Robison, Shona (Dundee City East) (SNP) Roddick, Emma (Highlands and Islands) (SNP) Ruskell, Mark (Mid Scotland and Fife) (Green) Sarwar, Anas (Glasgow) (Lab) Simpson, Graham (Central Scotland) (Reform) Slater, Lorna (Lothian) (Green) Somerville, Shirley-Anne (Dunfermline) (SNP) Stevenson, Collette (East Kilbride) (SNP) Stewart, Alexander (Mid Scotland and Fife) (Con) Stewart, Kaukab (Glasgow Kelvin) (SNP) Stewart, Kevin (Aberdeen Central) (SNP) Sturgeon, Nicola (Glasgow Southside) (SNP) Sweeney, Paul (Glasgow) (Lab) Swinney, John (Perthshire North) (SNP) Thomson, Michelle (Falkirk East) (SNP) Todd, Maree (Caithness, Sutherland and Ross) (SNP) Torrance, David (Kirkcaldy) (SNP) Tweed, Evelyn (Stirling) (SNP) Villalba, Mercedes (North East Scotland) (Lab) Whitfield, Martin (South Scotland) (Lab) Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP) Whittle, Brian (South Scotland) (Con) Wishart, Beatrice (Shetland Islands) (LD) Abstentions Adamson, Clare (Motherwell and Wishaw) (SNP) Boyack, Sarah (Lothian) (Lab) Fairlie, Jim (Perthshire South and Kinross-shire) (SNP) Maguire, Ruth (Cunninghame South) (SNP) McMillan, Stuart (Greenock and Inverclyde) (SNP) McNair, Marie (Clydebank and Milngavie) (SNP) Mountain, Edward (Highlands and Islands) (Con) O’Kane, Paul (West Scotland) (Lab) The Presiding Officer: The result of the division is: For 31, Against 82, Abstentions 8.”
“Amendment 138 disagreed to. Amendment 139 moved—[Douglas Ross]. The Presiding Officer: The question is, that amendment 139 be agreed to. Are we agreed? Members: No. The Presiding Officer: There will be a division.”
“For Allan, Alasdair (Na h-Eileanan an Iar) (SNP) Baillie, Jackie (Dumbarton) (Lab) Baker, Claire (Mid Scotland and Fife) (Lab) Balfour, Jeremy (Lothian) (Ind) Bibby, Neil (West Scotland) (Lab) Boyack, Sarah (Lothian) (Lab) Briggs, Miles (Lothian) (Con) Carson, Finlay (Galloway and West Dumfries) (Con) Choudhury, Foysol (Lothian) (Ind) Clark, Katy (West Scotland) (Lab) Constance, Angela (Almond Valley) (SNP) Dowey, Sharon (South Scotland) (Con) Duncan-Glancy, Pam (Glasgow) (Ind) Eagle, Tim (Highlands and Islands) (Con) Ewing, Annabelle (Cowdenbeath) (SNP) Findlay, Russell (West Scotland) (Con) Forbes, Kate (Skye, Lochaber and Badenoch) (SNP) Fraser, Murdo (Mid Scotland and Fife) (Con) Gallacher, Meghan (Central Scotland) (Con) Golden, Maurice (North East Scotland) (Con) Gosal, Pam (West Scotland) (Con) Gougeon, Mairi (Angus North and Mearns) (SNP) Grant, Rhoda (Highlands and Islands) (Lab) Griffin, Mark (Central Scotland) (Lab) Halcro Johnston, Jamie (Highlands and Islands) (Con) Hoy, Craig (South Scotland) (Con) Kerr, Stephen (Central Scotland) (Con) Maguire, Ruth (Cunninghame South) (SNP) Marra, Michael (North East Scotland) (Lab) Mason, John (Glasgow Shettleston) (Ind) McCall, Roz (Mid Scotland and Fife) (Con) McKee, Ivan (Glasgow Provan) (SNP) McNair, Marie (Clydebank and Milngavie) (SNP) McNeill, Pauline (Glasgow) (Lab) Mundell, Oliver (Dumfriesshire) (Con) Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP) O’Kane, Paul (West Scotland) (Lab) Regan, Ash (Edinburgh Eastern) (Ind) Ross, Douglas (Highlands and Islands) (Con) Rowley, Alex (Mid Scotland and Fife) (Lab) Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab) Sarwar, Anas (Glasgow) (Lab) Simpson, Graham (Central Scotland) (Reform) Smith, Liz (Mid Scotland and Fife) (Con) Sweeney, Paul (Glasgow) (Lab) Wells, Annie (Glasgow) (Con) White, Tess (North East Scotland) (Con) Whitfield, Martin (South Scotland) (Lab) Whittle, Brian (South Scotland) (Con) Yousaf, Humza (Glasgow Pollok) (SNP) Against Adam, George (Paisley) (SNP) Adam, Karen (Banffshire and Buchan Coast) (SNP) Arthur, Tom (Renfrewshire South) (SNP) Beattie, Colin (Midlothian North and Musselburgh) (SNP) Brown, Keith (Clackmannanshire and Dunblane) (SNP) Brown, Siobhian (Ayr) (SNP) Burgess, Ariane (Highlands and Islands) (Green) Burnett, Alexander (Aberdeenshire West) (Con) Carlaw, Jackson (Eastwood) (Con) Chapman, Maggie (North East Scotland) (Green) Coffey, Willie (Kilmarnock and Irvine Valley) (SNP) Cole-Hamilton, Alex (Edinburgh Western) (LD) Dey, Graeme (Angus South) (SNP) Don-Innes, Natalie (Renfrewshire North and West) (SNP) Dornan, James (Glasgow Cathcart) (SNP) Dunbar, Jackie (Aberdeen Donside) (SNP) FitzPatrick, Joe (Dundee City West) (SNP) Gibson, Kenneth (Cunninghame North) (SNP) Gilruth, Jenny (Mid Fife and Glenrothes) (SNP) Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP) Gray, Neil (Airdrie and Shotts) (SNP) Greene, Jamie (West Scotland) (LD) Greer, Ross (West Scotland) (Green) Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con) Harper, Emma (South Scotland) (SNP) Harvie, Patrick (Glasgow) (Green) Haughey, Clare (Rutherglen) (SNP) Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP) Hyslop, Fiona (Linlithgow) (SNP) Johnson, Daniel (Edinburgh Southern) (Lab) Kerr, Liam (North East Scotland) (Con) Kidd, Bill (Glasgow Anniesland) (SNP) Lennon, Monica (Central Scotland) (Lab) Leonard, Richard (Central Scotland) (Lab) Lochhead, Richard (Moray) (SNP) MacDonald, Gordon (Edinburgh Pentlands) (SNP) MacGregor, Fulton (Coatbridge and Chryston) (SNP) Mackay, Gillian (Central Scotland) (Green) Mackay, Rona (Strathkelvin and Bearsden) (SNP) Macpherson, Ben (Edinburgh Northern and Leith) (SNP) Martin, Gillian (Aberdeenshire East) (SNP) Matheson, Michael (Falkirk West) (SNP) McAllan, Màiri (Clydesdale) (SNP) McArthur, Liam (Orkney Islands) (LD) McLennan, Paul (East Lothian) (SNP) McMillan, Stuart (Greenock and Inverclyde) (SNP) Minto, Jenni (Argyll and Bute) (SNP) Mochan, Carol (South Scotland) (Lab) Rennie, Willie (North East Fife) (LD) Robertson, Angus (Edinburgh Central) (SNP) Robison, Shona (Dundee City East) (SNP) Roddick, Emma (Highlands and Islands) (SNP) Ruskell, Mark (Mid Scotland and Fife) (Green) Slater, Lorna (Lothian) (Green) Somerville, Shirley-Anne (Dunfermline) (SNP) Stevenson, Collette (East Kilbride) (SNP) Stewart, Alexander (Mid Scotland and Fife) (Con) Stewart, Kaukab (Glasgow Kelvin) (SNP) Stewart, Kevin (Aberdeen Central) (SNP) Sturgeon, Nicola (Glasgow Southside) (SNP) Swinney, John (Perthshire North) (SNP) Thomson, Michelle (Falkirk East) (SNP) Todd, Maree (Caithness, Sutherland and Ross) (SNP) Torrance, David (Kirkcaldy) (SNP) Tweed, Evelyn (Stirling) (SNP) Villalba, Mercedes (North East Scotland) (Lab) Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP) Wishart, Beatrice (Shetland Islands) (LD) Abstentions Adamson, Clare (Motherwell and Wishaw) (SNP) Callaghan, Stephanie (Uddingston and Bellshill) (SNP) Doris, Bob (Glasgow Maryhill and Springburn) (SNP) Fairlie, Jim (Perthshire South and Kinross-shire) (SNP) Mountain, Edward (Highlands and Islands) (Con) The Presiding Officer: The result of the division is: For 50, Against 68, Abstentions 5.”
“Amendment 137 disagreed to. Amendment 138 moved—[Douglas Ross]. The Presiding Officer: The question is, that amendment 138 be agreed to. Are we agreed? Members: No. The Presiding Officer: There will be a division.”
“For Balfour, Jeremy (Lothian) (Ind) Bibby, Neil (West Scotland) (Lab) Boyack, Sarah (Lothian) (Lab) Choudhury, Foysol (Lothian) (Ind) Constance, Angela (Almond Valley) (SNP) Dowey, Sharon (South Scotland) (Con) Eagle, Tim (Highlands and Islands) (Con) Ewing, Annabelle (Cowdenbeath) (SNP) Findlay, Russell (West Scotland) (Con) Forbes, Kate (Skye, Lochaber and Badenoch) (SNP) Fraser, Murdo (Mid Scotland and Fife) (Con) Golden, Maurice (North East Scotland) (Con) Gosal, Pam (West Scotland) (Con) Gougeon, Mairi (Angus North and Mearns) (SNP) Griffin, Mark (Central Scotland) (Lab) Halcro Johnston, Jamie (Highlands and Islands) (Con) Hoy, Craig (South Scotland) (Con) Johnson, Daniel (Edinburgh Southern) (Lab) Kerr, Stephen (Central Scotland) (Con) MacGregor, Fulton (Coatbridge and Chryston) (SNP) Marra, Michael (North East Scotland) (Lab) Mason, John (Glasgow Shettleston) (Ind) McNeill, Pauline (Glasgow) (Lab) Rowley, Alex (Mid Scotland and Fife) (Lab) Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab) Sarwar, Anas (Glasgow) (Lab) Smith, Liz (Mid Scotland and Fife) (Con) Sturgeon, Nicola (Glasgow Southside) (SNP) White, Tess (North East Scotland) (Con) Yousaf, Humza (Glasgow Pollok) (SNP) Against Adam, George (Paisley) (SNP) Adam, Karen (Banffshire and Buchan Coast) (SNP) Allan, Alasdair (Na h-Eileanan an Iar) (SNP) Arthur, Tom (Renfrewshire South) (SNP) Baillie, Jackie (Dumbarton) (Lab) Baker, Claire (Mid Scotland and Fife) (Lab) Beattie, Colin (Midlothian North and Musselburgh) (SNP) Briggs, Miles (Lothian) (Con) Brown, Keith (Clackmannanshire and Dunblane) (SNP) Brown, Siobhian (Ayr) (SNP) Burgess, Ariane (Highlands and Islands) (Green) Burnett, Alexander (Aberdeenshire West) (Con) Callaghan, Stephanie (Uddingston and Bellshill) (SNP) Carlaw, Jackson (Eastwood) (Con) Carson, Finlay (Galloway and West Dumfries) (Con) Chapman, Maggie (North East Scotland) (Green) Clark, Katy (West Scotland) (Lab) Coffey, Willie (Kilmarnock and Irvine Valley) (SNP) Cole-Hamilton, Alex (Edinburgh Western) (LD) Dey, Graeme (Angus South) (SNP) Don-Innes, Natalie (Renfrewshire North and West) (SNP) Doris, Bob (Glasgow Maryhill and Springburn) (SNP) Dornan, James (Glasgow Cathcart) (SNP) Dunbar, Jackie (Aberdeen Donside) (SNP) Duncan-Glancy, Pam (Glasgow) (Ind) FitzPatrick, Joe (Dundee City West) (SNP) Gibson, Kenneth (Cunninghame North) (SNP) Gilruth, Jenny (Mid Fife and Glenrothes) (SNP) Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP) Grant, Rhoda (Highlands and Islands) (Lab) Greene, Jamie (West Scotland) (LD) Greer, Ross (West Scotland) (Green) Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con) Harper, Emma (South Scotland) (SNP) Harvie, Patrick (Glasgow) (Green) Haughey, Clare (Rutherglen) (SNP) Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP) Hyslop, Fiona (Linlithgow) (SNP) Kerr, Liam (North East Scotland) (Con) Kidd, Bill (Glasgow Anniesland) (SNP) Lennon, Monica (Central Scotland) (Lab) Leonard, Richard (Central Scotland) (Lab) Lochhead, Richard (Moray) (SNP) MacDonald, Gordon (Edinburgh Pentlands) (SNP) Mackay, Gillian (Central Scotland) (Green) Mackay, Rona (Strathkelvin and Bearsden) (SNP) Macpherson, Ben (Edinburgh Northern and Leith) (SNP) Martin, Gillian (Aberdeenshire East) (SNP) McAllan, Màiri (Clydesdale) (SNP) McArthur, Liam (Orkney Islands) (LD) McLennan, Paul (East Lothian) (SNP) Minto, Jenni (Argyll and Bute) (SNP) Mochan, Carol (South Scotland) (Lab) Mundell, Oliver (Dumfriesshire) (Con) Regan, Ash (Edinburgh Eastern) (Ind) Rennie, Willie (North East Fife) (LD) Robertson, Angus (Edinburgh Central) (SNP) Robison, Shona (Dundee City East) (SNP) Roddick, Emma (Highlands and Islands) (SNP) Ruskell, Mark (Mid Scotland and Fife) (Green) Simpson, Graham (Central Scotland) (Reform) Slater, Lorna (Lothian) (Green) Somerville, Shirley-Anne (Dunfermline) (SNP) Stewart, Alexander (Mid Scotland and Fife) (Con) Stewart, Kaukab (Glasgow Kelvin) (SNP) Stewart, Kevin (Aberdeen Central) (SNP) Swinney, John (Perthshire North) (SNP) Thomson, Michelle (Falkirk East) (SNP) Todd, Maree (Caithness, Sutherland and Ross) (SNP) Torrance, David (Kirkcaldy) (SNP) Tweed, Evelyn (Stirling) (SNP) Villalba, Mercedes (North East Scotland) (Lab) Whitfield, Martin (South Scotland) (Lab) Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP) Whittle, Brian (South Scotland) (Con) Wishart, Beatrice (Shetland Islands) (LD) Abstentions Adamson, Clare (Motherwell and Wishaw) (SNP) Fairlie, Jim (Perthshire South and Kinross-shire) (SNP) Gray, Neil (Airdrie and Shotts) (SNP) Maguire, Ruth (Cunninghame South) (SNP) Matheson, Michael (Falkirk West) (SNP) McKee, Ivan (Glasgow Provan) (SNP) McMillan, Stuart (Greenock and Inverclyde) (SNP) McNair, Marie (Clydebank and Milngavie) (SNP) Mountain, Edward (Highlands and Islands) (Con) Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP) O’Kane, Paul (West Scotland) (Lab) Stevenson, Collette (East Kilbride) (SNP) Sweeney, Paul (Glasgow) (Lab) The Presiding Officer: The result of the division is: For 30, Against 76, Abstentions 13.”
“Amendment 2 agreed to. Amendment 137 moved—[Stephen Kerr]. The Presiding Officer: The question is, that amendment 137 be agreed to. Are we agreed? Members: No. The Presiding Officer: There will be a division. The vote is closed. Rachael Hamilton: On a point of order, Presiding Officer, I am having technical issues. I would have voted no. The Presiding Officer: Thank you, Ms Hamilton. We will ensure that that is recorded.”
“For Adam, George (Paisley) (SNP) Adam, Karen (Banffshire and Buchan Coast) (SNP) Arthur, Tom (Renfrewshire South) (SNP) Baillie, Jackie (Dumbarton) (Lab) Beattie, Colin (Midlothian North and Musselburgh) (SNP) Boyack, Sarah (Lothian) (Lab) Briggs, Miles (Lothian) (Con) Brown, Keith (Clackmannanshire and Dunblane) (SNP) Brown, Siobhian (Ayr) (SNP) Burnett, Alexander (Aberdeenshire West) (Con) Callaghan, Stephanie (Uddingston and Bellshill) (SNP) Carlaw, Jackson (Eastwood) (Con) Clark, Katy (West Scotland) (Lab) Coffey, Willie (Kilmarnock and Irvine Valley) (SNP) Cole-Hamilton, Alex (Edinburgh Western) (LD) Dey, Graeme (Angus South) (SNP) Don-Innes, Natalie (Renfrewshire North and West) (SNP) Doris, Bob (Glasgow Maryhill and Springburn) (SNP) Dowey, Sharon (South Scotland) (Con) Dunbar, Jackie (Aberdeen Donside) (SNP) FitzPatrick, Joe (Dundee City West) (SNP) Gallacher, Meghan (Central Scotland) (Con) Gibson, Kenneth (Cunninghame North) (SNP) Gilruth, Jenny (Mid Fife and Glenrothes) (SNP) Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP) Greene, Jamie (West Scotland) (LD) Greer, Ross (West Scotland) (Green) Gulhane, Sandesh (Glasgow) (Con) Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con) Harper, Emma (South Scotland) (SNP) Harvie, Patrick (Glasgow) (Green) Haughey, Clare (Rutherglen) (SNP) Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP) Hyslop, Fiona (Linlithgow) (SNP) Johnson, Daniel (Edinburgh Southern) (Lab) Kerr, Liam (North East Scotland) (Con) Lennon, Monica (Central Scotland) (Lab) Lochhead, Richard (Moray) (SNP) MacDonald, Gordon (Edinburgh Pentlands) (SNP) Mackay, Gillian (Central Scotland) (Green) Mackay, Rona (Strathkelvin and Bearsden) (SNP) Martin, Gillian (Aberdeenshire East) (SNP) Mason, John (Glasgow Shettleston) (Ind) McAllan, Màiri (Clydesdale) (SNP) McArthur, Liam (Orkney Islands) (LD) McKee, Ivan (Glasgow Provan) (SNP) McLennan, Paul (East Lothian) (SNP) Minto, Jenni (Argyll and Bute) (SNP) Mochan, Carol (South Scotland) (Lab) Rennie, Willie (North East Fife) (LD) Robertson, Angus (Edinburgh Central) (SNP) Robison, Shona (Dundee City East) (SNP) Roddick, Emma (Highlands and Islands) (SNP) Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab) Simpson, Graham (Central Scotland) (Reform) Slater, Lorna (Lothian) (Green) Somerville, Shirley-Anne (Dunfermline) (SNP) Stewart, Alexander (Mid Scotland and Fife) (Con) Stewart, Kaukab (Glasgow Kelvin) (SNP) Stewart, Kevin (Aberdeen Central) (SNP) Sweeney, Paul (Glasgow) (Lab) Thomson, Michelle (Falkirk East) (SNP) Todd, Maree (Caithness, Sutherland and Ross) (SNP) Torrance, David (Kirkcaldy) (SNP) Tweed, Evelyn (Stirling) (SNP) Villalba, Mercedes (North East Scotland) (Lab) Whitfield, Martin (South Scotland) (Lab) Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP) Whittle, Brian (South Scotland) (Con) Wishart, Beatrice (Shetland Islands) (LD) Against Adamson, Clare (Motherwell and Wishaw) (SNP) Baker, Claire (Mid Scotland and Fife) (Lab) Balfour, Jeremy (Lothian) (Ind) Bibby, Neil (West Scotland) (Lab) Burgess, Ariane (Highlands and Islands) (Green) Carson, Finlay (Galloway and West Dumfries) (Con) Chapman, Maggie (North East Scotland) (Green) Choudhury, Foysol (Lothian) (Ind) Constance, Angela (Almond Valley) (SNP) Dornan, James (Glasgow Cathcart) (SNP) Duncan-Glancy, Pam (Glasgow) (Ind) Eagle, Tim (Highlands and Islands) (Con) Ewing, Annabelle (Cowdenbeath) (SNP) Findlay, Russell (West Scotland) (Con) Forbes, Kate (Skye, Lochaber and Badenoch) (SNP) Golden, Maurice (North East Scotland) (Con) Gosal, Pam (West Scotland) (Con) Gougeon, Mairi (Angus North and Mearns) (SNP) Grant, Rhoda (Highlands and Islands) (Lab) Griffin, Mark (Central Scotland) (Lab) Halcro Johnston, Jamie (Highlands and Islands) (Con) Hoy, Craig (South Scotland) (Con) Kerr, Stephen (Central Scotland) (Con) Kidd, Bill (Glasgow Anniesland) (SNP) Leonard, Richard (Central Scotland) (Lab) MacGregor, Fulton (Coatbridge and Chryston) (SNP) Maguire, Ruth (Cunninghame South) (SNP) Marra, Michael (North East Scotland) (Lab) Matheson, Michael (Falkirk West) (SNP) McCall, Roz (Mid Scotland and Fife) (Con) McMillan, Stuart (Greenock and Inverclyde) (SNP) McNair, Marie (Clydebank and Milngavie) (SNP) McNeill, Pauline (Glasgow) (Lab) Mundell, Oliver (Dumfriesshire) (Con) Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP) O’Kane, Paul (West Scotland) (Lab) Regan, Ash (Edinburgh Eastern) (Ind) Ross, Douglas (Highlands and Islands) (Con) Rowley, Alex (Mid Scotland and Fife) (Lab) Ruskell, Mark (Mid Scotland and Fife) (Green) Sarwar, Anas (Glasgow) (Lab) Smith, Liz (Mid Scotland and Fife) (Con) Sturgeon, Nicola (Glasgow Southside) (SNP) Swinney, John (Perthshire North) (SNP) Wells, Annie (Glasgow) (Con) White, Tess (North East Scotland) (Con) Yousaf, Humza (Glasgow Pollok) (SNP) Abstentions Allan, Alasdair (Na h-Eileanan an Iar) (SNP) Fraser, Murdo (Mid Scotland and Fife) (Con) Gray, Neil (Airdrie and Shotts) (SNP) Macpherson, Ben (Edinburgh Northern and Leith) (SNP) Mountain, Edward (Highlands and Islands) (Con) Stevenson, Collette (East Kilbride) (SNP) The Presiding Officer: The result of the division is: For 70, Against 47, Abstentions 6.”
“I understand Pam Duncan-Glancy’s reservations, but I think that the question that she asked—it is a fundamental test that we should be using ourselves—was this: are we passing legislation that makes ending one’s life easier than continuing with it? My amendment 2 and consequential amendments 316 and 322 would be a step towards ensuring that we have a safeguard against that. That safeguard is critical and the barest minimum that we should be considering. I press amendment 2. The Presiding Officer: The question is, that amendment 2 be agreed to. Are we agreed? Members: No. The Presiding Officer: There will be a division.”
“However, at least the legislation would state that the option is to be considered only for those who are at the very end of their lives—lives that would reasonably be expected to be measured in months rather than years. That is critically important, and, to be frank, that is the minimum condition on which I could support the bill in any way, shape or form. I understand the concerns about such a limit, but, ultimately, if the Parliament were to pass a provision that could be used by people at any stage of their lives simply because they had a terminal condition, we would be doing something very irresponsible—and something quite unlike most other jurisdictions, because, as far as I could survey, the majority of such legislation has a six- month timeframe.”
“I am worried that, as it stands, the legislation falls into the former category, rather than the latter. I acknowledge Bob Doris’s work. I thank him for his contributions and concede that I am perhaps mimicking his approach from stage 2. However, the provision in my amendments that the option of assisted dying can be considered only for people who are at the end of their lives is really important. We can debate the best way to capture that. I do not think that there is a perfect way, and I fully and freely admit that, by setting a limit of six months, there is a sense that we are placing a marker that will require judgment and a judgment that will be fallible.”
“Personally, I have been struggling with the balance, which is why I believe that simply having a terminal condition—a condition that is progressing and that will end your life—cannot be sufficient in and of itself. That cannot be right, because many people with such a diagnosis will live for many years, if not decades. There are many people for whom there are good effective treatments that can allow them to have fulfilling lives. We should create conditions that exclude those people from these provisions. Although the moment for achieving that aspect might have passed, we can ensure that those considerations are made only at the very end of people’s lives. Michael Marra was right. Do we want the bill to be as open and broad as possible or do we want it to be tight and focused?”
“Ross Greer summed up the position at stage 1 perfectly, because many of us voted for the bill at stage 1 because we agree with the fundamental principle that people should have the right to choose, especially when they are facing an incredibly difficult situation at the end of their lives—facing a condition from which they cannot recover and are suffering absolutely intolerably. On whether that person should be able to consider the option to end their life at the point of their choosing, providing them with one last element over which they have a degree of control, when all other control has been removed from them, I think that that is an important principle but one that requires balance.”
“We should not stigmatise people or put them in a different category because they have contemplated such things—I think that that is normal. In fact, that is why I am saying this: we need to be a bit more open about the fact that many of us will contemplate those situations at points in our lives and then carry on and continue to be happy, content and fulfilled individuals. It is important that we talk about these matters in an open way. However, some of the points made about palliative care are really important. I will now turn to my amendments. I have concerns about the bill.”
“I will therefore not support amendments 140 and 141, and I ask Emma Roddick not to move them. Daniel Johnson: Again, I thank members for a thoughtful discussion on the grouping. I did not intend to cover off every amendment in it, but I find myself somewhat compelled to comment on the discussion of Douglas Ross’s amendments. With regard to their focus and objective, they are well made, and many of us want to ensure that palliative care options are fully explored. 16:45 However, I have profound concerns with some of the framing. Contemplating mortality and the end of one’s own life is a pretty fundamental part of human existence. I think that most people have done that. Personally, I have contemplated the end of my life at certain times. It has not been for a prolonged period of time, but it has certainly occurred.”
“The ability of a healthcare professional to rule out various influences in accordance with the requirements of amendments 140 and 141 would be unworkable in practice, and those amendments risk policing open and honest conversations between doctors and their patients. For example, the Scottish Government’s campaign to increase awareness and understanding of autism, which has been co- produced with autistic people, recognises that not all autistic people are the same and that many autistic people see autism as integral to their sense of self. To deem somebody ineligible for an assisted death because of an autism spectrum condition is in conflict with that approach. The bill already contains strong safeguards to ensure that a person is eligible, has capacity and is acting voluntarily.”
“The same can be said for amendment 141, which would add to eligibility 14 further conditions, any of which would preclude a person’s being considered eligible. That would duplicate the provisions on issues of capacity and coercion that are already in the bill, while adding other factors, some of which risk interfering in a person’s autonomous decision making—something that Emma Roddick has a good track record of fiercely protecting. I support the principle of ensuring that doctors explore a person’s reasons for requesting an assisted death, but amendment 141 risks oversimplifying a decision that is often complex and deeply personal. As I said, people’s motivations are rarely singular, and they may relate to a mix of physical, psychological and existential factors.”
“I still hold to the view that there are issues of arbitrariness with a prognosis period, but I also acknowledge, as I have said, that, in international evidence, even in those jurisdictions that have gone through a five-year review, any concerns around arbitrariness appear to have been allayed, such that patients are able to access the choice to which they are entitled and medics are able to operate within that system. Further safeguards are built in throughout the process. Assessing doctors must refer a person who requests assistance to a specialist if they have any doubts about capacity, and capacity is checked at every stage, including before an approved substance is provided. Contrary to the interests of patients and clinicians, amendment 140 may complicate and confuse that process.”
“Perhaps he would see that as a legitimate tactic, but does it not talk to the possibility of the slippery slope approach, whereby people will come back again to try to open up eligibility further, given that, at the start of the debate, we talked about whether the question that the Parliament was asking itself was about a closed or an open bill? My question is about how that has been pursued and whether the bill will be opened again in the future. Liam McArthur: I am not sure that it is a slippery slope. It is the Parliament doing what it should, which is to scrutinise legislation, engage with those on both sides of the debate—which I think we have managed to achieve—and take on board ideas that reflect concerns that are genuinely expressed.”
“I was expecting Ross Greer in his contribution on the group to talk about the advocacy provisions that he added to the bill at stage 2, which provide very welcome further protections and safeguards in that respect. Michael Marra: To take us back slightly, I have been listening carefully to what Liam McArthur has said across the amendments, and I think that he has made a pretty fundamental shift between stages 2 and 3 in conceding ground on the six- month rule. Having previously called it “arbitrary, inflexible and in some cases ‘very difficult to establish with any … degree of certainty’”, he has changed direction. It feels to me that the situation that he set out at stage 2 is probably his view and the view of people who support the bill, and that that ground has been ceded in order to win support.”
“As Christine Grahame identified, a person is eligible under section 3 only if they “have capacity to request … assistance … are not suffering from any mental disorder which might affect the making of the request” and “are capable of … understanding information and advice”, “making”, “communicating” and “understanding the decision, and … retaining the memory of the decision.” Further safeguards are built in throughout the process. Emma Roddick: I appreciate that capacity is covered. My amendments 140 and 141 are not simply about capacity. There is a difference between being able to understand information and having that information actively offered. Does Liam McArthur appreciate that? Liam McArthur: I certainly do, but the safeguards are there in order to protect those rights.”
“Eligibility for assisted dying should focus on a person’s current capacity to make the decision, and the requirement for doctors to discuss with the person their reasons for requesting an assisted death provides medical practitioners and terminally ill adults with the opportunity to explore motivations and identify any underlying concerns. I further note the Scottish Government’s concern that such an absolute restriction could raise legal issues regarding its proportionality unless it can be fully justified. That also applies to Mr Ross’s amendment 143, which is related to amendment 138. On capacity, when it comes to Emma Roddick’s amendments 140 and 141, the bill already contains strong safeguards.”
“On amendment 139, adding to the eligibility criteria that the person had not “previously been screened or treated for suicidal thoughts or self-harm would mean that a person would be ineligible for assistance in, say, a situation where they had, decades previously, been not even treated but “screened” for suicidal thoughts or self-harm— matters that may have no bearing at all on the person seeking assistance. I acknowledge what Mr Ross is getting at with his amendments, but I am not inclined to support amendments that would limit eligibility in that way rather than letting such matters be picked up in the already robust assessment process.”
“Brian Whittle: On palliative care, the issue is that, if we agree that we want to give people choice, it has to be a proper choice and a real choice, and that must include, if the person so wishes, a basic palliative care package that speaks to their needs. It is possible that they will then decide to choose assisted dying, but it has to be a proper choice. Liam McArthur: I entirely agree with Mr Whittle. That is already reflected in the bill to a large extent, but other amendments that I will come on to discuss capture the point that he entirely fairly makes. Section 7(1) of the bill requires the assessing doctor to “explain to and discuss with the person being assessed”, in so far as they consider appropriate, “any palliative, hospice or other care available, including symptom management and psychological support”.”
“On amendment 138, I am fully supportive of people who seek an assisted death having access to palliative care and psychological counselling if required. However, I do not agree that a person should be ineligible for an assisted death if they have not been offered and have not accessed “a fully costed palliative care pathway … including symptom management, psychosocial support, and specialist palliative care services”, or have not been offered and given access to psychological counselling. That would risk adding a barrier to a terminally ill adult who could otherwise be deemed eligible and able to access assistance.”
“A blanket prohibition would be too blunt for what will likely be extremely rare but very individual and specific circumstances. It is also unclear whether those amendments would compel every applicant to provide a negative pregnancy test. That would mean doctors having to assess every person who was seeking assistance to ascertain whether they were pregnant or not—a shock, no doubt, to the 80- year-old gentleman with advanced-stage bowel cancer. The amendments would undermine the bill’s aim to provide compassionate, safe, patient- centred care. I do not believe that they are necessary or even particularly well intentioned and I urge Parliament to reject them if they are moved. I turn to Douglas Ross’s amendments 138 and 139.”
“Given the difficulties around prognosis, which we have already discussed, that seems a reasonable addition to make alongside Mr Johnson’s substantive amendment. I note what Mr Doris said about his consequential amendments 317 and 323 and I welcome the fact that he will not move them. Daniel Johnson’s amendments 316 and 322 are more tightly drawn. I do not support Sue Webber’s amendments 137, 318 and 324, which relate to a person being eligible only if they are not pregnant. As would happen now, any end-of-life decision—for example, a decision to cease chemotherapy— would undoubtedly require detailed conversations with a terminally ill person who was pregnant, but they would depend on the nature of the person’s illness, the stage of their pregnancy and their plans.”
“Bob Doris made an important point about that, and I certainly corroborate the fact that he took a more appropriate approach at stage 2. A terminally ill adult should be considered eligible for assistance only if the co-ordinating doctor is satisfied that they have six months or less to live from the point of the assessment taking place. It is also important that the amendment uses the wording “can reasonably be expected”, for obvious reasons. I am therefore minded to support amendment 2 and the consequential amendments 316 and 322. Bob Doris’s amendment 162 would require the assessing doctor to refer a person for assessment by a specialist not only if there was doubt about whether they were terminally ill, but if there was doubt about whether they may reasonably be expected to die within six months.”
“For the reasons that I set out at stage 2, and at stage 1, I accept how arbitrary a prognosis can be in some instances, but I point again to the experience of clinicians, including palliative care clinicians, in many jurisdictions that have prognosis periods, who seem to be able to work with those in a way that respects the intention of the legislation and allows access and choice where the eligibility criteria are met and which seems broadly to command public confidence. While I acknowledge the challenges that can arise in some cases, I have carefully considered Daniel Johnson’s amendment 2 and think that it adds to the eligibility criteria and is more appropriate than having a definition of terminal illness.”
“Dr Scott Murray, whom I quoted earlier, said that the likelihood of predicting how long someone with advanced cancer has left to live to within 33 per cent of the actual time left was as low as 20 per cent. Is the safeguard for MSPs or for doctors? Liam McArthur: Two things can be true at the same time. It is an additional layer of assurance for members in speaking to what has always been the policy intention of the bill, which is to give access to those at the very end of life. I know that palliative care professionals have expressed concern.”
“Liam McArthur: That is an entirely valid point and probably speaks to how many other concerns that we will hear being raised in the next two or three days might also be addressed. We can draw on international evidence, but until we implement legislation of this type in Scotland, we cannot be entirely sure of how it will work in practice. Kate Forbes: I do not want to cause Patrick Harvie and Liam McArthur any fear by saying that I used to agree with them on that point. I again raise the point about accuracy. At stage 2, Liam McArthur made some compelling arguments about the arbitrary nature of accuracy. Does he accept that his safeguard might make MSPs feel reassured but that palliative care doctors are still not reassured?”
“However, as the debate has continued, it has become clear that there is an expectation across Parliament that we need something to fill that space. Liam McArthur says that the legislation in other jurisdictions has been reviewed. The bill includes provision for a complete review of the operation of the act once it is in force. Does he agree that we should expect such a review to cover how the prognosis period is being applied and is working in practice, and that the review should give those of us who were sceptical a little more comfort, so that we can be more relaxed about accepting something that we all recognise is imperfect? Does he agree that we need something to fill that space?”
“Many jurisdictions that have undertaken subsequent reviews of the operation of their legislation have not sought to remove that criterion, suggesting that it can be managed in a way that does not present unreasonable obstacles to patients accessing choice and does not lead to unmanageable decisions for clinicians, including palliative care clinicians. I hope that that speaks to the interesting exchange between Bob Doris and Maggie Chapman and to some of the concerns that Ross Greer was wrestling with, which are entirely valid. Patrick Harvie: I will be brief on the point about prognosis. I was in a similar position of not being convinced that we should include a prognosis period, and so voted against that at stage 2.”
“Members will be aware that I was not initially minded to include a period for which a terminally ill adult was expected to live in the definition of “terminal illness” in the bill, for many of the reasons that Alasdair Allan articulated in quoting Marie Curie and to be consistent with previous decisions taken by this Parliament. Instead, I rested on the definition of an “advanced and progressive” terminal illness. However, I have since reflected that including a prognostic timeframe would bring the bill in Scotland into line with other assisted dying laws internationally, as well as with the bill that is currently being debated at Westminster and the one that was recently passed in Jersey.”
“Does that have a legal definition? Before we decide whether to support the amendments, can the cabinet secretary tell us whether such a thing as a “pathway” is recognised in law? 16:30 Neil Gray: It is fair to say that there are similar concerns about amendments 143 and 138. The Scottish Government has no comments to make about the remaining amendments in the group. Liam McArthur: I remind members of my declaration of interests, in that I am supported by three campaign organisations: Dignity in Dying, Friends at the End and the Humanist Society Scotland.”
“There is a risk that amendment 141 conflates eligibility for assisted dying with matters that are currently addressed through existing statutory frameworks, including the Adult Support and Protection (Scotland) Act 2007, which relies on professional judgment, defined thresholds and proportionate intervention rather than automatic exclusion. Jamie Hepburn: I want to pick up on the cabinet secretary’s remarks and on the helpful note that the Government has made available online, which provides explanations of the impact of each amendment. I want to understand what might be felt to be a difference between what the Government has said about amendment 138—the cabinet secretary made a compelling argument for not supporting amendment 138—and what it has said about amendment 143, which also refers to a pathway for palliative care.”
“Likewise, the assessment in amendment 140 closely resembles the functional test of decision- making capacity that is used in the adults with incapacity framework, but the amendment does not explicitly link to it, nor does it state whether that framework is intended to apply. That might create uncertainty as to whether the amendment establishes a separate capacity test or whether the existing incapacity framework is intended to apply. It is also not clear how long the period of reflection and consideration that is cited in the amendment is intended to last. Jamie Hepburn: Will the cabinet secretary give way? Neil Gray: I will come to Mr Hepburn in a second.”
“However, I caution that the absolute restriction that is proposed in the amendment could raise legal issues regarding its proportionality, unless it can be fully justified. Amendment 140 would introduce provisions that would apply “Where a person has an intellectual disability or developmental or cognitive condition”. Although the amendment appears to be intended to capture individuals with learning disabilities or other conditions that affect cognition or development, the terminology that is used does not clearly align with the statutory definition that was used in the Mental Health (Care and Treatment) (Scotland) Act 2003. There is therefore an inconsistency with existing statutory frameworks, which could result in a lack of clarity and might create interpretive uncertainty for clinicians and decision makers applying the legislation.”
“We recognise that planning ahead can help people to manage or avoid crisis situations and that it improves people’s experiences of urgent or emergency health and social care. We also recognise, however, that people’s wishes often change over time, and it is important that their plans are regularly updated as part of on-going conversations between clinician and patient on their care needs. Our work to deliver on the palliative care strategy, including in relation to future care planning, will continue regardless of the outcome of the vote on the bill. I understand the sensitivities on amendment 139—we heard about many of them in interventions on Mr Ross—and the difficulties of the subject matter at hand.”
“The cabinet secretary outlined the aim that everyone receives palliative care, which I am sure that everyone would support. Does the Scottish Government have numbers on how many people are actually receiving palliative care? Neil Gray: I recognise the challenges that have been set out in the debate about people receiving palliative care. I point out that there are differences, as Ms Maguire will understand, between palliative care, end-of-life care and wider bereavement support. I hope that a distinction can be drawn as to whether it is an either/or discussion in the bill. We are deciding on the merits of assisted dying, but we as a Government have already set out our work in respect of progress on palliative care.”
“Colleagues may have read the article in The Herald this week that gave figures from Public Health Scotland showing that fewer women are attending cervical cancer checks in Scotland. According to Cancer Research UK, mortality rates for cervical and uterine cancer in the UK are 47 per cent higher in the most deprived quintile, compared with the least deprived. Percentages and phrases such as “deprived quintile” seem a bit dehumanising. What will the Scottish Government do to urgently ensure that all women’s health services are accessible to women with the most economic and social challenges? Will the First Minister join me in amplifying the important message that, even when you have had the vaccination for human papillomavirus—HPV—you must attend screenings when you are invited to them?”
“To ask the Scottish Government when it will implement remote electronic monitoring on vessels fishing in Scottish waters. (S6O-05488)”
“To ask the Scottish Government what support will be available for young entrepreneurs alongside the £2.5 million funding announced for the First Minister’s start up challenge. (S6O- 05452)”
“They have given evidence publicly and reached out directly to their MSPs in writing and in person. They have spoken at events online, in Parliament and in their communities. Why on earth would we expect them to tell their stories, again, to a commission set up for some time in the future? It is time that we got on with it for Diane Martin and for all the other female survivors who have generously and bravely shown us the reality of prostitution. It is time that we showed that we have listened to those brave women, that we understand, and that we care. I say to colleagues: if this is something that you believe in, take a breath, and do the right thing at decision time tonight. The Deputy Presiding Officer: I call Fergus Ewing, who will have four minutes. 17:16”
“I plead with those who recognise that injustice and who have perhaps spoken out previously, very eloquently, in the chamber but who intend to hold their noses and vote against the principle of something that they believe in—something that is SNP policy. I want them to know that they are on solid ground on this matter and I ask them to vote with their conscience. The public, not the Government or whips, elect them to this place, and their public will value courage over unquestioning compliance. Over at least the past 10 years, survivors, survivor-led organisations and front-line women’s workers have provided testimony and expertise to the Government in good faith, and to work that came to nothing. They contributed to Ash Regan’s consultation and to the committee’s consultation.”
“I am grateful to the Presiding Officers for giving me space to make some remarks. I will start by quoting Diane Martin, chair of A Model for Scotland and a survivor of prostitution: “If we do nothing, we become complicit because we know the realities and we’ve turned away. Inaction preserves a system that harms and criminalises victims, enables perpetrators to exploit with impunity, and maintains an organised-crime-driven market that has its eyes set on our children as either future commodities for sale or future sex buyers. Make no mistake: each vote cast will either be justice for vulnerable victims or continued abuse by a vile and violent trade in bodies.” The bill will move forward or fall on the votes of SNP colleagues. I plead with them.”
“However, we have concerns about the adequacy of the funding levels that are proposed in the bill. The Deputy Presiding Officer: Ms Nicoll, if you could resume your seat. I call Michelle Thomson to make a point of order.”
“Will the member take an intervention? Audrey Nicoll: I will come back to Ms Maguire if I have time. We consider that there is more to be done to properly engage with and address the genuine concerns expressed that the offence would compromise women’s safety. On the other proposals in the bill, we believe that there is merit in the proposal to repeal the offence of soliciting. That was widely supported by witnesses, although the Scottish Government’s view is that it would require further consultation. On the proposal to quash convictions for soliciting, we understand the policy intention, but we heard evidence that an alternative approach, based on pardons, would be preferable. We agree with the general policy intention in the bill that individuals who are or have been in prostitution should receive assistance and support.”
“On a point of order, Presiding Officer. I would have voted no. The Deputy Presiding Officer: Thank you, Ms Maguire. Your vote will be recorded.”