Scotland could make assisted dying legal – here is why England should too

Assisted dying has proved to be a controversial debate for many throughout the years and now Scotland could become the first UK nation to provide terminally-ill people with assistance to end their lives.

The bill in Scotland has been drafted by Lib Dem MSP, Liam McArthur, and is expected to be debated in autumn.

It was published today and could be voted on in Holyrood as early as next year.

Scottish ministers and SNP backbenchers will not be instructed on how to vote, because the matter is an issue of individual conscience.

The news has reignited the debate about whether assisted dying should be legalised across other parts of the UK.

While supporters say further legalisation would end suffering, opponents point out that terminally-ill people could feel pressure to end their own lives.

What is assisted dying?

The term assisted dying has different meanings depending on the stance of an organisation or person.

Assisted dying allows a person with a terminal condition the choice to control their death if they decide their suffering is unbearable, according to pro-change campaigners Dignity in Dying.

But the campaign group Care Not Killing uses the terms ‘assisted suicide’ and ‘euthanasia’ and says the focus should be on an improvement to palitative care, rather than legislative change.

It argues assisted dying could ‘place pressure on vulnerable people to end their lives for fear of being a financial, emotional or care burden upon others’ and argue the disabled, elderly, sick or depressed could be especially at risk.

What is Scotland’s assisted dying bill?

The bill states a patient could only request medical assistance to end their life if they had a terminal illness and had been ruled mentally fit to make the decision by two doctors.

It also says the patient must be aged 16 or over, a resident of Scotland for at least 12 months, and must administer the life-ending medication themselves.

Scotland, England, Wales and Northern Ireland’s current laws also vary.

In Scotland, it is not illegal to attempt suicide but helping someone take their own life could lead to prosecution for crimes such as murder, culpable homicide or offences under the Misuse of Drugs Act 1971.

In England and Wales, the Suicide Act 1961 makes it an offence to encourage or assist the suicide or attempted suicide of another person.

The House of Commons decided against changing the law by 330 votes to 118 in 2015.

In Northern Ireland, a similar offence is set out in the Criminal Justice Act 1966.

Which countries allow assisted dying?

Dignity in Dying says more than 200 million people around the world have access to some form of legalised assisted dying.

These countries include Switzerland, which has the famous Dignitas facility, Australia, Canada, Spain, Colombia, and 11 states in the US where it is known as ‘physician-assisted dying’.

How long until England legalise assisted dying?

With all these other countries having already legalised assisted dying, it begs the question – why shouldn’t England?

A report from the Health and Social Care Committee in February warned the government must consider what to do if the law changes in parts of the UK or on the Isle of Man, or Jersey, both of which are crown dependencies.

The committee – which did not make any recommendation for a vote on the issue, said legalisation in at least one jurisdiction is looking ‘increasingly likely’.

It said the government must be ‘actively involved’ in discussions about how to approach differences in the law.

Labour leader Sir Keir Starmer has said he is ‘committed’ to allowing a vote on legalising assisted dying should the party win the next general election.

Downing Street has previously said it would be up to Parliament whether to again debate legalising assisted dying.

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