Profile: Catriona McMillan

The Health & Medical Law Subcommittee is a committee of solicitor and non-solicitor volunteers with expertise in health and medical law. Its aim is to support the Public Policy Committee in the delivery of the Law Society of Scotland’s strategy, particularly the area under influencing the creation of a fairer and more just society and being an international centre of excellence in thought leadership, through the development of positions relating to public policy.

Tell us about your career so far?

I am a lecturer in medical law and ethics at the University of Edinburgh, and deputy director for the Mason Institute for Medicine, Life Sciences, and the Law. I would say that I am still relatively early on in my career; while it has been relatively short, it has been very rewarding so far.

I have always had a particular interest in the legal and ethical issues associated with reproductive medicine and technology, a controversial and constantly changing field. It all started when I studied Scots law at the University of Glasgow. After I graduated in 2013, I went on to study for a master’s degree in law at the London School of Economics & Political Science. I enjoyed the research aspect of my degrees very much, so I applied to study for a PhD in medical law at the University of Edinburgh, where I was fortunate to be supervised by Prof Graeme Laurie and Prof Gillian Black. My PhD thesis discussed the regulation of in vitro embryos, and it has now been published as a book with Cambridge University Press. Shortly after being awarded my PhD in 2018, I worked as a research fellow on a project that looked at the regulation of health research. During that time, I applied for a research grant, and fortunately, I was awarded a postdoctoral fellowship by the British Academy in 2020 to research the legal, regulatory, and ethical issues that arise from “femtech” (a form of personal health tracking technology aimed at women, e.g. “digital contraception”). This project has been my main focus for the past few years.

As convener, you gave oral evidence to the Scottish Parliament COVID Committee on COVID vaccine certification schemes when they were first brought in. How was this experience for you?

I gave evidence about the vaccine certification scheme to the COVID-19 Recovery Committee in September 2021 when discussions were being held about holding larger events again, for example concerts and sports events. It was unusual to be asked to speak about an issue that was of such immediate relevance to the public to representatives of the Scottish Parliament, considering how controversial it was thought to be at the time. I found it interesting to hear the perspectives of those who also gave evidence, given that their backgrounds and experience were so different to mine. The scheme ended up being put into place. It is of course not in place now, but something similar is still being used for international travel to some countries.

Have you been surprised by anything you have gained from being a part of the committees?

It has not surprised me as such, but I certainly feel that I have gained even more of an appreciation for the range of expertise that exists in the field of health and medical law. Our committee is made up of people who work in a range of professions, including medicine, policy, research, and legal practice. The range of views and experience that comes from diverse professional backgrounds is vital in our field, and I feel I have learned a great deal from working with them over the past year or so.

As an academic, you bring a really important perspective to our committee work; what would you say to other lay members looking to take part in a committee/the work of the Society?

I would say that I could not recommend it more, especially if public policy is something that interests you. Working with one of the committees is a chance to put your knowledge and experience into policy and practice – an opportunity, speaking from my own experience, that academic lawyers do not always get. I think it is one thing to teach law and publish research, but quite another to feed what we learn from that into policy. I am grateful to get the chance to do both.

You’ve worked extensively on reproductive rights, and led the Society’s response to the safe access zones around abortion clinics consultation. Can you tell us a bit more about this work and what you’re most proud of when it comes to your career so far?

Reproductive rights, broadly speaking, encompass a range of topics relating to laws that impact people’s sexual and reproductive health, from assisted reproduction, to termination of pregnancy, to contraception. I was quite proud when my book on the regulation of in vitro embryos was published. But I have to say I am proud of the master’s course that I run at the university on reproduction and the law, where we cover a range of topics from liability for occurrences before birth, to surrogacy. It is incredibly rewarding to share my passion for this field with my students, and the enthusiasm and fresh perspectives they bring each week are genuinely inspiring.

What keeps you busy outside of your committee work with the Society?

Many things! I’m a keen ballet dancer, so I spend lots of evenings and weekends in the studio. I also love being in the outdoors with my dog Bear, and cooking for my friends and family.