Scotland is about to vote on assisted dying. How would it work?

## Summary
The Assisted Dying for Terminally Ill Adults (Scotland) Bill says that eligible applicants must be: aged 18 or older resident in Scotland for at least 12 months registered with a GP in Scotland terminally ill and reasonably expected to die within six months deemed to have the mental capacity to make the request To have capacity, the bill says a person applying for assisted death must be capable of understanding information and advice about the process. Her bill would allow terminally ill people to end their life if they: are over 18, live in England or Wales, and have been registered with a GP for at least 12 months have the mental capacity to make the choice and be deemed to have expressed a clear, settled and informed wish, free from coercion or pressure are expected to die within six months make two separate declarations, witnessed and signed, about their wish to die satisfy two independent doctors that they are eligible - with at least seven days between each assessment. Assisted dying debate reaches final stages on eve of vote Key section of assisted dying bill must be cut, MSPs told Minimum age in assisted dying bill raised to 18 The legislation would allow for a proxy to sign a declaration for those who are physically unable to do so, and create a new offence to coerce or pressure a terminally ill adult into an assisted death. PA Media Liam McArthur tabled the Assisted Dying for Terminally Ill Adults (Scotland) Bill Another key issue raised has been how to define a terminally-ill person.

## Article Content
Scotland is about to vote on assisted dying. How would it work?
6 hours ago
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Angus Cochrane
Senior political journalist, BBC Scotland
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Campaigners gathered outside the Scottish Parliament ahead of an emotional debate on assisted dying
Assisted dying could soon be legalised in Scotland as MSPs prepare for a historic vote on Tuesday night.
Parliamentarians
backed the general principles
of the Assisted Dying for Terminally Ill Adults (Scotland) Bill in May following a highly emotional debate.
The proposals, brought by Liberal Democrat MSP Liam McArthur, face a final vote this week.
A
bill to legalise assisted dying in England and Wales
is also making its way through the Westminster parliament, though it
appears unlikely to pass
.
What does the Scottish bill say?
The Assisted Dying for Terminally Ill Adults (Scotland) Bill says that eligible applicants must be:
aged 18 or older
resident in Scotland for at least 12 months
registered with a GP in Scotland
terminally ill and reasonably expected to die within six months
deemed to have the mental capacity to make the request
To have capacity, the bill says a person applying for assisted death must be capable of understanding information and advice about the process.
They must also be able to make, communicate, understand and remember their decision.
People suffering from a mental disorder which might affect the making of the request would not be allowed to proceed.
The definition of capacity is a key area of difference from the UK bill, which leans on the typical approach in law that a person is assumed to have capacity unless shown otherwise.
Which approach is more suitable to assisted dying legislation is a matter for debate.
What's the difference from the bill for England and Wales?
PA Media
Those opposed to the bill have raised concerns about the risk of coercion
At Westminster, backbench Labour MP Kim Leadbeater introduced the Terminally Ill Adults (End of Life) Bill, as a Private Members' Bill.
Her bill would allow terminally ill people to end their life if they:
are over 18, live in England or Wales, and have been registered with a GP for at least 12 months
have the mental capacity to make the choice and be deemed to have expressed a clear, settled and informed wish, free from coercion or pressure
are expected to die within six months
make two separate declarations, witnessed and signed, about their wish to die
satisfy two independent doctors that they are eligible - with at least seven days between each assessment.
Once an application has been approved, the patient would have to wait 14 days before proceeding.
A doctor would prepare the substance being used to end the patient's life, but the person would take it themselves.
The bill defines the coordinating doctor as a registered medical practitioner with "training, qualifications and experience" at a level to be specified by the health secretary. It does not say which drug would be used.
It would be illegal to coerce someone into declaring they want to end their life, with a possible 14-year prison sentence.
The bill was passed by the Commons in June last year but has been stalled in the House of Lords for months and is now unlikely to pass.
Last week, more than 100 Labour MPs urged Prime Minister Keir Starmer to make sure there was enough time for a decision to be reached, saying a failure to do so would undermine faith in politics.
In Northern Ireland, the Department of Health said last year there were currently no plans to implement the legislation on assisted dying.
What about Jersey and the Isle of Man
The Isle of Man became the first place in the British Isles to pass its assisted dying bill in March last year.
Jersey voted to pass its own bill last month.
Neither have yet become law.
Under the Manx bill, terminally ill adults with less that 12 months to live would be given the right to choose to end their own lives, provided they met specific eligibility criteria, including having lived on the island for five years.
It was recently confirmed by the island's health minister that her department had responded to concerns raised by the UK Ministry of Justice over protections against coercion and capacity safeguards in the bill.
Jersey, which is part of the British Isles, but sets its own laws also has its own bill.
Those eligible are people with terminal illnesses causing unbearable suffering where they are expected to die within six months, or 12 months for those with neurodegenerative conditions such as Parkinson's and motor neurone disease (MND).
The bill needs to receive Royal Assent, or formal approval, in the UK before it takes effect.
Once approved the first legal assisted deaths could happen as early as summer 2027.
How would Scotland's bill work?
Under the Holyrood bill, a person wishing to end their life would begin by signing an initial declaration.
Two medics would then check whether the person is eligible and assess whether they are being pressured or coerced

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## Expert Analysis

### Merits
N/A

### Areas for Consideration
- PA Media Those opposed to the bill have raised concerns about the risk of coercion At Westminster, backbench Labour MP Kim Leadbeater introduced the Terminally Ill Adults (End of Life) Bill, as a Private Members' Bill.
- Last week, more than 100 Labour MPs urged Prime Minister Keir Starmer to make sure there was enough time for a decision to be reached, saying a failure to do so would undermine faith in politics.
- PA Media Liam McArthur tabled the Assisted Dying for Terminally Ill Adults (Scotland) Bill Another key issue raised has been how to define a terminally-ill person.

### Implications
- How would it work? 6 hours ago Share Save Angus Cochrane Senior political journalist, BBC Scotland Share Save Getty Images Campaigners gathered outside the Scottish Parliament ahead of an emotional debate on assisted dying Assisted dying could soon be legalised in Scotland as MSPs prepare for a historic vote on Tuesday night.
- Parliamentarians backed the general principles of the Assisted Dying for Terminally Ill Adults (Scotland) Bill in May following a highly emotional debate.
- People suffering from a mental disorder which might affect the making of the request would not be allowed to proceed.
- Once approved the first legal assisted deaths could happen as early as summer 2027.

### Expert Commentary
This article covers bill, assisted, dying topics. Areas of concern are also raised. Readability: Flesch-Kincaid grade 0.0. Word count: 1788.