Scotland's assisted dying law would lead to ‘unjust deaths’, opponents say

MSPs have been warned that passing controversial legislation to permit assisted dying in Scotland could lead to “unjust deaths”.

While supporters say assisted dying gives those who are terminally ill control over their death, a group campaigning against the move have insisted it is “inherently, and unavoidably, unsafe” – with no way to “rule out abuses and mistakes, coercion and people dying through pressures arising in society”.

The group Better Way is opposed to legislation introduced by Liberal Democrat MSP Liam McArthur which could see Scotland become the first country in the UK to allow assisted dying.

It said: “As a campaign, we believe that assisted suicide would be a dangerous and regressive path for our society.”

MSPs on the Scottish Parliament’s Health Committee are to begin scrutinising the Assisted Dying for Terminally Ill Adults (Scotland) Bill after Holyrood returns from its summer recess.

Better Way, which aims to provide a “positive alternative vision” to assisted suicide, said in a submission to the committee that patients’ decisions could be “influenced unjustly” by factors such as their socio-economic status and access to specialist care, as well as whether they had to deal with problems including “loneliness, addiction, homelessness, relationship breakdown and past trauma”.

The group went on to argue: “Some patients may also feel that they are a burden on loved ones, or wider society.

“Others may feel that they should opt to end their lives in order to ensure that their inheritance is not spent on paying for care.”

While McArthur’s Bill proposes that people over the age of 16 suffering from an advanced terminal illness be given the option of the option of requesting an assisted death, Better Way claimed the definition of what a terminal illness was was “very broad”.

The group claimed: “At present, it could catch patients suffering from anorexia, and some disabilities.”

They also said there was “confusion” over whether someone with dementia would be permitted to request help to die, with Better Way’s submission noting that while this is a “progressive, incurable condition that causes a person to die prematurely”, it was intended that people suffering from a mental disorder should be excluded.

“This contradiction is not addressed,” the group said

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.”

He added: “MSPs should realise that supporting Liam McArthur’s legislation will mean opening the door to irreversible, unjust deaths.

“We need to chart a better path forward for people with terminal illnesses and others in Scotland.”

Dr Griffiths, who is disabled, warned many people with disabilities could “opt for assisted suicide on the basis that they are fed-up with the struggles they are experiencing”.

He said: “People will be so desperate to remove the injustices they face they will choose this option of death, and to me that’s not a good rationale for having such a system.”

The campaign group also warned that “people experiencing poverty face various inequalities that place them at particular risk of injustice under an assisted suicide law”.

Here, it noted that those living in deprived areas are more likely to be diagnosed with cancer at an advanced stage and can also have poorer access to palliative care services.

McArthur said: “Our current laws on assisted dying are failing too many terminally-ill Scots, often leaving them facing an undignified and sometimes painful death despite the very best efforts of palliative care.

“I have spoken to many people across the country about the harrowing deaths they have witnessed and to dying people facing a series of desperate decisions such as trying to get to Switzerland or taking matters into their own hands.

“It is clear that a new compassionate and safe law is required.”

He said his Bill was “extremely clear about the specific and limited circumstances” under which it would “give terminally-ill adults the choice they need”.

McArthur added: “Under the terms of my Bill, an individual would only be eligible to access the choice of an assisted death if they had an advanced, progressive terminal illness and capacity to make the decision.”

He added that his proposal “puts much-needed compassion and safety in place”, saying the measures were “similar to laws which have been safely and successfully introduced in countries such as Australia, New Zealand and the United States”.

The MSP continued: “Polling suggests strong support exists for a change in the law but as Parliament begins its scrutiny of my Bill, I will continue to engage with charities, organisations and my fellow MSPs to understand their perspectives on this important issue.”