Opponents warn of ‘profound injustices’ if assisted dying introduced

Campaigners opposed to introducing assisted dying in Scotland say changing the law would “give rise to profound injustices”.

The Better Way group has also raised concerns that Liam McArthur’s member’s Bill could allow sufferers of the eating disorder anorexia and even some disabled people to request an assisted death.

The group made the claims in its submission to MSPs on Holyrood’s Health Committee – who are due to scrutinise the Assisted Dying for Terminally Ill Adults (Scotland) Bill before it is voted on by the Scottish Parliament as a whole.

It will be the third time Holyrood has voted on the issue, with two previous bids to change the law having failed.

Mr McArthur, the Liberal Democrat MSP behind the legislation, is hopeful that this time MSPs will be more supportive.

But opponents of his Bill fear the impact on the elderly and the disabled, with Better Way warning it its submission that “allowing this practice in Scotland would give rise to profound injustices”.

The group said these would “affect disabled Scots, Scots facing poverty, Scots who are isolated and lonely, and many others”, adding: “No amount of legal drafting can rule out Scottish citizens choosing to end their lives because they lack sufficient support to go on living.

“This, in itself, should prevent a change in the law.”

Better Way warned changing the law could “undermine palliative care for all Scots”, adding psychiatrists have raised fears of a “harmful shift in our societal response to suicide”.

While Mr McArthur has said his Bill will “give terminally ill, mentally competent adults the option to control the manner and timing of their death”, Better Way said the definition of a terminal illness in the legislation is “very broad”.

It warned defining such an illness as being an “advanced, progressive condition that a patient is unable to recover from, which is expected to cause their premature death” means that as it stands, “patients suffering from anorexia, and some disabilities” could be eligible.

Better Way also said there is “confusion” over whether someone with dementia will be eligible for an assisted death under Mr McArthur’s proposals.

The group’s submission noted: “On one hand, dementia is a progressive, incurable condition that causes a person to die prematurely. This should make people with the condition eligible.

“On the other hand, it is intended that persons with a mental disorder should be excluded. This contradiction is not addressed.”

Better Way spokesman Dr Miro Griffiths said: “Proponents of this legislation say it addresses unresolved issues identified in previous Bills and provides suitable safeguards. We reject these claims.

“Assisted dying is inherently, and unavoidably, unsafe. There is no way to rule out abuses and mistakes, coercion, and people dying through pressures arising in society, such as their experience of loneliness, poverty and other forms of inequality.

“Supporting Liam McArthur’s legislation will open the door to irreversible unjust deaths. There is a better path forwards for Scotland.”

Mr McArthur has insisted “safety is woven into the fabric” of the legislation.

Speaking earlier this month about the Bill, he said: “It will introduce practical measures that make end-of-life care safer and fairer for all. It is based on evidence and grounded in compassion.

“Safety is woven into the fabric of the Bill with measures to assess eligibility, protect against coercion, ensure rigorous medical oversight and robustly monitor every part of the process.”

Mr McArthur added that “harrowing testimonies” from some of those who responded to consultation on the legislation shows “what we have right now does not work to keep dying people, their families and other vulnerable people safe”.

He pledged he will make “the case for greater choice and compassion” to MSPs on the Health Committee when it undertakes its scrutiny of the Bill.