MSPs are being asked to vote on the assisted suicide Bill in Scotland, despite the fact that employment protections for medical professionals who conscientiously refuse to participate in the procedure will have to be removed since they are beyond the scope of Holyrood’s devolved powers.
The Assisted Dying for Terminally Ill Adults (Scotland) Bill, which would legalise assisted suicide for adults resident in Scotland with no prognosis requirement specified, is to have a key section dealing with employment protections for medics who conscientiously object to assisted suicide removed ahead of a final vote on the legislation, the BBC has reported.
Scottish Health Secretary Neil Gray has said that the parts of the Bill dealing with employment protections would be beyond the scope of Holyrood’s powers and so would have to be added to the Bill retrospectively.
Gray told the Health, Social Care and Sport Committee meeting on 20 January that any such legislation ensuring employment protections for conscientious objectors would have to be introduced after the assisted suicide legislation became law.
He said this would mean relying on the Government in Westminster to issue an order under Section 104 of the Scotland Act 1998, which states, “Subordinate legislation may make such provision as the person making the legislation considers necessary or expedient in consequence of any provision made by or under any Act of the Scottish Parliament”.
However, this could only happen after the Bill becomes law, Gray explained. The parts of the Bill spelling out protections for workers would have to be removed before MSPs vote on it and added back in afterwards, if it passes.
The Health Secretary said that failing to do this would mean that there would be a “strong possibility” of the assisted suicide Bill being challenged in the Supreme Court.
Gray admitted that the Westminster Government had not yet confirmed that it would grant any such request under Section 104, so as it stands, MSPs would be voting on the Bill without guarantees that any employment protections would be given to those who conscientiously object to assisted suicide.
Scottish assisted suicide Bill “on a knife edge” as a result
The BBC reported that the assisted suicide Bill in Scotland is now teetering “on a knife edge”, as it would require only a few MSPs to change their current position on the Bill for it to fail.
Audrey Nicoll MSP, who formerly supported the Bill, recently withdrew her backing after realising that the legislation did not have adequate protections against coercion for individuals, saying, “the reality is that some individuals will be subject to coercion and pressure, whether directly or indirectly and in ways which may be subtle or difficult to enunciate”.
“My perspective on this has, to a great extent, been shaped by my policing career, and my exposure in public service to those most vulnerable in our communities”, she added, stating that she was disappointed that “a significant number of reasonable amendments” had been rejected.
The Times also reported that Brian Whittle MSP has also said he cannot support the Bill in its current form, meaning that if just five more MSPs change their mind, the Bill will fail to pass.
Spokesperson for Right To Life UK, Catherine Robinson, said “It is appalling that employment protections for those who conscientiously object to assisted suicide are to be removed from the Scottish legislation. It is completely unreasonable to expect MSPs to pass a Bill knowing they have no control over such a major aspect of it. This alone should be enough reason for MSPs to reject the Bill”.
“Fortunately, it is increasingly likely that it will not become law, due to the wavering support of the Bill by MSPs. The sooner this flawed piece of legislation fails, the better for society’s most vulnerable people”.
