Safeguards ‘seriously lacking’ in Holyrood’s assisted dying Bill, warns Forbes

The Scottish Deputy First Minister said “critical amendments” to Liam McArthur’s assisted dying Bill had not been passed when they were considered by a Holyrood committee.

As a result, she said: “Safeguards are still seriously lacking in the legislation.

“It leaves a huge risk that this Bill will lead to people dying who want to live.”

With the Scottish Government having adopted a neutral stance on the legislation, Ms Forbes stressed she was speaking in a personal capacity.

She highlighted the failure to pass changes to the Assisted Dying for Terminally Ill Adults (Scotland) Bill “relating to identifying coercion, or whether an individual is motivated to die by factors unrelated to their terminal illness”.

Ms Forbes was joined by Labour MSP Michael Marra and Conservative Edward Mountain in highlighting concerns they share about the legislation – which is expected to come before MSPs for a final vote in March.

The three MSPs used Human Rights Day 2025 on Wednesday to sign a joint statement claiming the Bill as it stands “jeopardises the rights of disabled people and others in Scotland”.

They warned the legislation “risks creating a society where people choose to end their lives through the NHS because they can’t get support to live, such as social care, healthcare, housing and benefits”.

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While almost 300 changes were proposed to the Bill Ms Forbes noted only 74 amendments had been passed, and in their statement the MSPs said “too many reasonable amendments have been rejected”.

The three politicians said: “As MSPs with very different political outlooks we are united in our concerns about the Assisted Dying Bill.

“Every member of the Scottish Parliament wants to ensure compassionate, dignified care at the end of life. We worry that the Bill before us won’t lead to better care but instead entrench greater injustice and inequality in Scotland.”

Speaking at an event in Holyrood on Wednesday, Mr Marra said the “right thing” would be for MSPs to vote down the Bill when it comes before them.

He said “the whole of the Parliament was led to understand that safeguards would be improved” when the Bill was considered in detail by Holyrood’s Health Committee, but “that has not happened”.

Mr Marra added: “I understand very much the motives and compassion of those who have supported those dying in pain, but having studied the issue and engaged with interest groups and constituents, I came to the view that risk of internal coercion are too great in a country that is as unequal as our own.”

Mr Mountain stressed the need to improve palliative care for those who are terminally ill.

He said: “There is a huge feeling out there that sometimes if you don’t have palliative care, the best thing is to end your life, and that seriously worries me, that is what worries me most about this Bill.

“If we don’t offer people proper palliative care, and we don’t offer them options apart from assisted suicide, that is not the way forward.”

Mr McArthur has previously said there are “strong protections and safeguards” included in the legislation.

Changes agreed to the Bill now mean that someone with a terminal illness will have to be 18 or older before they can seek help to die, while other amendments will make it an offence to coerce a terminally ill person into taking the substance used to end their life.

Marianne Scobie, depute CEO of the Glasgow Disability Alliance (GDA), said: “Glasgow Disability Alliance joins all other Disabled People’s Organisations in the UK in opposing assisted dying. We believe that it would have a catastrophic impact on disabled people’s human rights.

“The legislation at Holyrood will directly impact disabled people with conditions that are advanced and progressive from which they are unable to recover and that can reasonably be expected to cause their premature death.

“In addition, disabled people often develop multiple comorbidities, including cancer.

“We are gravely concerned that already stretched NHS resources will be diverted to support the implementation of assisted dying, and that the very ethos of our healthcare system will be undermined, and doctor-patient relationships destroyed.

“If the people you are expected to turn to when you’re at your lowest point are the same people who can make decisions about and help you end your life, then who can you trust?”

Dr Anni Donaldson, an expert on coercive control and domestic abuse and Honorary Research Fellow at the University of Strathclyde, said: “Today marks the end of the annual campaign ‘16 days of activism against gender-based violence’. As I think about the challenge that we face combating this egregious trend going forwards, the Assisted Dying Bill is a huge worry.

“It could create another form of violence against women. Assisted dying could be a path that victims are pushed down. A path that they venture down themselves after believing the poisonous lies of their abusers. Or a path that they take in distress, desperate to escape their daily suffering.

“Women living with an abusive partner are unlikely to be able to consent freely to the process of assisted death. And it is tremendously hard to spot those at risk – doctors are not trained, the signs are often subtle, and victims can go to some lengths to hide their abuse, fearing reprisals on them or their family members.

“MSPs need to realise that by legislating for assisted death, they will create a mechanism that will be abused by people with malign intent. The law as it currently stands provides a safeguard for victims. I urge MSPs to bear this in mind as they approach a final decision on the Bill.”