Assisted Suicide Bill would fail for lack of clarity: Society

Patrick Harvie's Assisted Suicide (Scotland) Bill would fail to protect the people it intends to due to lack of clarity, according to the Law Society of Scotland.

Ahead of the stage 1 debate in the Scottish Parliament tomorrow, the Society said the lack of clarity in definitions and ambiguity of the bill, which aims to allow a person with a terminal or life shortening illness to end their life with the assistance of another, "remain a key concern, and if enacted could be difficult to enforce".

Alison Britton, convener of the Society’s Health & Medical Law Committee said: “This is a highly emotive and complex subject. We have said throughout the passage of this bill, that legislation in this area needs to be absolutely clear, and those seeking to end their lives, and those who assist them, need a robust and transparent process to be certain under which conditions it would be lawful for assistance to be provided.

“We remain concerned over the lack of definition of the key terms, such as ‘assistance’ and ‘life-shortening’, and the functions of the licensed facilitator are still uncertain. Lack of such clarity leads to ambiguity and leaves the legislation open to interpretation.”

The Society has also criticised a provision in the bill which intends to protect those who assist in the suicide of another, but who act inconsistently from the bill’s provisions, albeit in "good faith" and "in pursuance" of the bill.

Ms Britton said: “This provision is so widely worded it would make practicable enforceability very difficult. The court would have wide discretion in interpreting what the intended pursuance of the legislation was, and as such an ignorance of the law could be a defence.”

There is a continuing concern also over a provision allowing for a proxy to sign the request for assisted suicide where the person making the request cannot do so for themselves: the Society believes it is not appropriate for solicitors to act as proxies in this situation, not being qualified to assess a person’s mental capacity in such a matter.

Responding to criticisms regarding clarity made by the Holyrood committee which reported on the bill ahead of the debate, Mr Harvie said that no legal framework around assisted suicide, including complete prohibition, would involve absolute clarity. "The question for Parliament is whether adequate clarity would be provided under the bill. It is my view that the bill does provide adequate clarity; however I am open to discussion about amendments which might be lodged at stages 2 and 3 to refine this further."

He also considered that guidance issued by professional bodies would be well capable of dealing with the question of how and when it would be appropriate for practitioners to discuss the issue of assisted suicide.