A senior police officer has said “clarity” is needed over proposals that could allow terminally ill 16-year-olds in Scotland to get help to end their life – with concerns raised with MSPs it could “make Scotland an attractive place to come” for those considering assisted dying.
A Bill before Holyrood proposes giving terminally ill adults the right to seek help to die, with the legislation, put forward by Liberal Democrat Liam McArthur, setting out that an adult is a “person who is aged 16 or over”.
However, similar legislation being considered by the House of Commons would only allow those aged 18 or older to seek an assisted death.
And Assistant Chief Constable Steve Johnson of Police Scotland said that the United Nations Convention on the Rights of the Child (UNCRC) was “fairly clear and unambiguous” that “you are a child until the age of 18”.
His comments came as Scottish Health Secretary Neil Gray again made clear the Scottish Government’s view that measures in the Assisted Dying for Terminally Ill Adults (Scotland) Bill exceed Holyrood’s powers.
As MSPs on Holyrood’s Health Committee continued their scrutiny of the Bill, Mr Johnson spoke of the need for “clarity” on whether someone is an adult at 16 or 18.
The assistant chief constable said: “Clearly, if the person is 17, under one convention they are a child. But, according to the Bill, a 16-year-old can determine they want to move forward with a Bill that seeks to end their life.
“I would seek that clarity – are they considered by the Bill an adult at 16? And, if so, that is not consistent with lots of other pieces of legislation in Scotland and we would need real clear guidance on that, and guidelines on what is the role of parents of children, if it is deemed by Parliament you did want it to be available to children, as defined by the UNCRC.”
Mr Johnson continued: “It’s those things that create a disparity between ourselves and other jurisdictions, that might make Scotland an attractive place to come to access the Bill.”
Laura Buchan, from the Scottish Crown Office and Procurator Fiscal Service, also told the committee that it had “discussed and made similar observations around the age and the tension with the UNCRC definition of a child”.
Mr Gray, meanwhile, told MSPs that the Scottish Government believes parts of the legislation to be outside of the Scottish Parliament’s powers.
The Health Secretary stressed the Government is taking a “neutral position” on the Bill, saying it was for Parliament to decide whether it supports the general principles of the legislation when it comes before Holyrood for a crucial vote.
There should be a “universally free vote, including within Government” when this happens, Mr Gray said.
But describing it as a “hugely complex, emotive, contentious topic”, the Health Secretary made clear to the committee: “We believe the Bill in its current form is outside the legislative competence of the Scottish Parliament.”
He stated that part of the Bill concerning the drugs or substance a person would be given to end their life “appears to relate to the reserved matter of medicines, medical supplies and poisons”.
Speaking on behalf of the Government, Mr Gray added: “We also have concerns some of the other provisions in the Bill may relate to the reserved matter of regulation of health professionals.”
Afterwards, Mr McArthur welcomed the Scottish Government’s commitment to ensuring a free vote on the Bill.
He added: “The Presiding Officer has certified that the Scottish Parliament can pass a Bill in this area but I have always been clear that the Scottish and UK Governments will need to agree to measures that will ensure that a truly comprehensive, assisted dying process can operate in Scotland.
“There are established mechanisms for transferring powers to enable legislation to be fully enacted in Scotland and no reason why these cannot be applied in this case. I also welcome the Cabinet Secretary for Health’s commitment to consider the options I have outlined to achieve this should the stage one vote be successful.”
The Liberal Democrat continued: “For the purposes of medical consent, Scots Law treats 16-year-olds as full adults, which is why that is the age that is proposed in my Bill.
“However, I am keen to hear the evidence taken by, and views of, the Health Committee in their scrutiny of my Bill and I remain open to discussing amendments on this if that is the will of Parliament.”
Mr McArthur is due to give evidence to the committee on the Bill next week.
