Psychiatrists and pharmacists oppose assisted dying legislation

While the Royal College of Psychiatrists in Scotland said it “remains neutral” in principle, it added that the removal of a key section of the legislation being debated by Holyrood had “drastically weakened essential safeguards” for psychiatrists and other medical staff.

The Royal Pharmaceutical Society said it too is against Liberal Democrat Liam McArthur’s Bill “following the removal of vital protections to protect pharmacists who may wish to conscientiously object”.

However Mr McArther said the legislation is now “bulletproof”, following a marathon four-day debate, and urged his fellow parliamentarians to vote for the Assisted Dying for Terminally Ill Adults (Scotland) Bill when it comes for a final vote on Tuesday.

The change in stance from the Royal College of Psychiatrists in Scotland came after section 18 was removed from the Assisted Dying for Terminally Ill Adults (Scotland) Bill.

With employment rights reserved to Westminster, there were fears that if the section had remained in the Bill it would have been outside Holyrood’s competence.

A deal has been agreed with the UK government which should enable employment rights to be protected, should MSPs pass the legislation when it comes to the final vote on Tuesday night.

But the Royal College of Psychiatrists in Scotland said the now-removed section had “provided crucial statutory protections” for those health staff who would not wish to participate in the assisted dying process.

In a statement, it said: “Its removal eliminates clear legal guarantees and moves these protections into uncertain future secondary legislation, leaving clinicians exposed and the public inadequately safeguarded.”

As such, it said it had “concluded that we cannot support the Bill in its current form”.

‘Significant intervention’

The statement was welcomed by opponents of assisted dying, with Conservative MSP Edward Mountain hailing it as “one of the most significant interventions yet in this debate”.

He added: “It makes abundantly clear – even if you were to support the principles of assisted dying – the Bill itself is unsafe, unworkable and full of gaping holes.”

Meanwhile, the Royal Pharmaceutical Society said its “serious concerns” mean it is also opposed to Mr McArthur’s Bill.

It criticised the removal of section 18, which it said contained “vital protections on conscientious objection for pharmacists and other healthcare professionals”.

The Society added the plan for these to be reinstated, through a UK Government section 104 order, is “inadequate and inappropriate”.

It went on to say amendments which would have “clarified what the role of a pharmacist would be when accompanying a doctor or nurse during an assisted death” had been voted down by Holyrood this week.

As a result, it said: “This leaves uncertainty around the role of pharmacists in the assisted dying process. In our view, this is confusing to patients, carers, pharmacists and other healthcare professionals.”

Mr McArthur, however, said if his Bill is passed it cannot come into force until protections for medical staff who wish to opt out of the assisted dying process are in place.

He said: “I have always been clear that because employment law is reserved to Westminster, we would need the collaboration of the UK Government to deliver orders which allow protections related to employment to come into force.

“The UK Government have repeatedly made clear that they will facilitate the necessary parliamentary orders, including the Secretary of State confirming this once more on Thursday.

“Because my Bill cannot come into force until such measures are implemented, those medical professionals who wish to participate will be fully protected in doing so and there is no scenario in which those who don’t would be required to.”

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He said the provisions that would need to be put in a section 104 order could also be debated by Holyrood and then “given yet more scrutiny in the UK Parliament”.

The Liberal Democrat added: “This is a robust, belts-and-braces approach so my MSP colleagues can be certain that the law they wish to see will be the law they get.”

MSPs have accepted 175 amendments to the Bill, 83 of which the Liberal Democrats said came from those opposed to it at stage one.

Politicians spent dozens of hours debating the Bill late into the night during the week and Parliament was forced to sit on Friday to finish voting on the last remaining amendments.

MSPs sought changes to ensure the Bill did not contain elements outwith Holyrood’s powers.

Another amendment brought down the amount of time a person must have left to live to six months.

And others focused on patient safeguards, including protecting people from coercion.

A deal has also been agreed with the UK government that supporters say should enable employment rights to be protected.

Mr McArthur described the legislation as “bulletproof”.

The Lib Dem said: “I would like to thank my MSP colleagues for their participation in what I know have been long and demanding debates this week.

“I appreciate the thoughtful engagement of all members and the considered way in which we have considered Stage 3 amendments.

“Over the past four days, MSPs have made this legislation bulletproof. This is now the toughest and most comprehensively safeguarded assisted dying bill in the world.

“MSPs have added detailed amendments on coercion, prognosis and protection of vulnerable groups and there are cast-iron protections for healthcare professionals ready to go.

“I also want to highlight key amendments which will ensure the Bill cannot come into effect before protections for healthcare professionals, as well as the training and qualification provisions, are in place.

“It has overwhelming public support from Scots regardless of religious affiliation, political party or disability status.

“I am clear that we have crafted a Bill that provides compassionate choice for dying people alongside clarity and protections for the professionals who will support them to exercise that choice.

“MSPs need to look terminally ill Scots whose experiences prove beyond all doubt that a change in the law is desperately needed in the eye and pass this Bill.”