Legal questions matter as MSPs consider assisted dying proposals

The Law Society of Scotland has urged MSPs to consider a number of important technical legal matters, separate from the moral and ethical questions in relation to proposed assisted dying legislation.

The Stage 1 Debate for the Assisted Dying for Terminally Ill Adults (Scotland) Bill is due to commence in the Scottish Parliament this afternoon.

As the professional body for Scottish solicitors and with members who hold a range of views on this issue, the Law Society has an entirely neutral position on the moral and ethical issues arising from whether such legislation should be pursued.

Instead, the Society has confined its analysis to legal elements of the legislation, the proposed role of solicitors and to identifying issues which it considers would require to be addressed if MSPs were to decide the Bill should proceed.

Lynda Towers, a member of the Law Society of Scotland’s Public Policy Committee, said: “We highlighted a number of practical and legal concerns about this Bill after it was introduced to the Scottish Parliament last year, and our position remains unchanged as MSPs begin to debate this Bill. We note that the Committee looking at the legislation accepted many of our concerns in their recommendations as requiring further consideration.

“We would urge MSPs to carefully consider and assess whether this Bill is within the competence of the Scottish Parliament, in relation both to reserved matters and the European Convention on Human Rights.

“The Law Society continues to hold significant concerns about the role of solicitors as proxies and about the approach to capacity and mental disorder proposed in this legislation, and we believe there remains significant scope to strengthen the procedural safeguards contained in the Bill.

“Addressing the practical and legal concerns such as those we’ve raised would be important for any proposed new law, but that is especially the case for legislation proposed in relation to a topic as consequential as assisted dying.”

Find out more about our work on the Bill.