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MSPs to vote on Assisted Suicide Scotland bill MSPs to vote on Assisted Suicide Scotland bill
(about 4 hours later)
MSPs are to vote on the Assisted Suicide Scotland Bill as the legislation is debated at Holyrood. MSPs are debating the Assisted Suicide Scotland Bill ahead a vote on the legislation at Holyrood.
The bill, which would allow those with terminal illnesses to seek the help of a doctor to end their own life, could fail if it does not secure enough votes at this stage.The bill, which would allow those with terminal illnesses to seek the help of a doctor to end their own life, could fail if it does not secure enough votes at this stage.
Supporters said the plan had widespread public backing but critics have argued a change in the law would be unethical.Supporters said the plan had widespread public backing but critics have argued a change in the law would be unethical.
MSPs will be given a free vote on the Assisted Suicide Bill.MSPs will be given a free vote on the Assisted Suicide Bill.
But the Scottish government does not support changing the law.But the Scottish government does not support changing the law.
Analysis by Glenn Campbell, political correspondentAnalysis by Glenn Campbell, political correspondent
This is the second time the Scottish Parliament has been asked to decide on assisted suicide.This is the second time the Scottish Parliament has been asked to decide on assisted suicide.
The late MSP Margo MacDonald tried unsuccessfully to change the law five years ago.The late MSP Margo MacDonald tried unsuccessfully to change the law five years ago.
Her End of Life Assistance Bill was rejected by 85 votes for to 16 against, with two abstentions.Her End of Life Assistance Bill was rejected by 85 votes for to 16 against, with two abstentions.
Her second attempt, the Assisted Suicide bill, is being taken forward in her memory by the Green MSP Patrick Harvie. Her second attempt, the Assisted Suicide Bill, is being taken forward in her memory by the Green MSP Patrick Harvie.
Holyrood's health committee found "significant flaws" with this legislation but Mr Harvie has said it can be improved if MSPs back the bill in principle.Holyrood's health committee found "significant flaws" with this legislation but Mr Harvie has said it can be improved if MSPs back the bill in principle.
Opinion polls tend to suggest that the public want terminally ill people to be able to seek medical help to end their lives.Opinion polls tend to suggest that the public want terminally ill people to be able to seek medical help to end their lives.
But parliament is unlikely to support the proposals before it today.But parliament is unlikely to support the proposals before it today.
The proposed legislation says the final act must be carried out by the person seeking to end their own life.The proposed legislation says the final act must be carried out by the person seeking to end their own life.
It was originally brought forward by the late independent MSP Margo MacDonald, who died last year after a long battle with Parkinson's disease.It was originally brought forward by the late independent MSP Margo MacDonald, who died last year after a long battle with Parkinson's disease.
It is now being championed by Mr Harvie, who said he gave a commitment to Ms MacDonald to present this bill as best he could to parliament. It is now being championed by Green MSP Patrick Harvie, who said he gave a commitment to Ms MacDonald to present this bill as best he could to parliament.
A Holyrood committee recently concluded that the bill contained "significant flaws" and opposed its general principles, but said the full parliament should decide whether or not to throw out the proposed legislation.A Holyrood committee recently concluded that the bill contained "significant flaws" and opposed its general principles, but said the full parliament should decide whether or not to throw out the proposed legislation.
Mr Harvie said he hoped the Stage 1 debate would be conducted with respect. Opening the debate, Mr Harvie urged MSPs who support the general principles of the bill to vote for it through at Stage 1, and allow the debate around the details to continue.
He said: "Public opinion is clearly of the view that people should have the right to make their own choice if they find themselves faced with an illness or condition which leaves them with a quality of life they find unacceptable and from which they have no prospect of improvement. He said: "I think the case has been made very clear that a change in the law has been justified.
"I have responded in detail to the committee's concerns and reiterated my willingness to consider constructive amendments to improve the bill. "Whatever view members take of the detailed operation of this legislation were we to pass it, I hope that all members who understand the basic principle, who accept the idea that human beings have the right to make a decision in circumstances such as a terminal or life-shortening illness, I hope that members will give this bill the opportunity to come forward to the next stage, and then we can begin to debate the amendments that come forward."
"I would appeal to MSPs who support the basic argument, and to those who agree that a need exists to address the lack of clarity in the current law, to support the bill at Stage 1 and allow the debate to continue."
Campaigners who back the bill, including representatives of the My Life, My Death, My Choice campaign, will gather outside the Scottish Parliament to urge MSPs to support the general principles of the legislation.Campaigners who back the bill, including representatives of the My Life, My Death, My Choice campaign, will gather outside the Scottish Parliament to urge MSPs to support the general principles of the legislation.
But a number of organisations, including the Law Society of Scotland, Church of Scotland, Council of Imams Scotland and the Christian charity Care for Scotland, have raised objections.But a number of organisations, including the Law Society of Scotland, Church of Scotland, Council of Imams Scotland and the Christian charity Care for Scotland, have raised objections.
Assisted suicide - the legal positionAssisted suicide - the legal position
It is not illegal to attempt suicide in Scotland, but helping someone take their own life could lead to prosecution.It is not illegal to attempt suicide in Scotland, but helping someone take their own life could lead to prosecution.
In England and Wales, the Suicide Act 1961 makes it an offence to encourage or assist a suicide or a suicide attempt, which is almost identical to the situation in Northern Ireland.In England and Wales, the Suicide Act 1961 makes it an offence to encourage or assist a suicide or a suicide attempt, which is almost identical to the situation in Northern Ireland.
The Director of Public Prosecutions (DPP) has to approve any assisted suicide court action in England, Wales and Northern Ireland.The Director of Public Prosecutions (DPP) has to approve any assisted suicide court action in England, Wales and Northern Ireland.
In 2010, Keir Starmer, then the DPP, issued guidance that made it clear that family or friends who travelled with a loved one to the Swiss suicide group Dignitas would not risk prosecution.In 2010, Keir Starmer, then the DPP, issued guidance that made it clear that family or friends who travelled with a loved one to the Swiss suicide group Dignitas would not risk prosecution.
The guidelines were the result of a case brought by Debbie Purdy, a terminally ill woman, who in 2009 won a legal ruling requiring the DPP to set out whether her husband would be committing an offence if he accompanied her to Dignitas to end her life.The guidelines were the result of a case brought by Debbie Purdy, a terminally ill woman, who in 2009 won a legal ruling requiring the DPP to set out whether her husband would be committing an offence if he accompanied her to Dignitas to end her life.
Scotland's prosecution service, the Crown Office, has issued no such guidance.Scotland's prosecution service, the Crown Office, has issued no such guidance.
Assisted suicide is legal in Luxembourg, the Netherlands and Belgium as well as Switzerland.Assisted suicide is legal in Luxembourg, the Netherlands and Belgium as well as Switzerland.
Alison Britton, convener of the Law Society's health and medical law committee, said she was concerned the law lacked clarity.Alison Britton, convener of the Law Society's health and medical law committee, said she was concerned the law lacked clarity.
She said: "We have said throughout the passage of this bill that legislation in this area needs to be absolutely clear and those seeking to end their lives, and those who assist them, need a robust and transparent process to be certain under which conditions it would be lawful for assistance to be provided.She said: "We have said throughout the passage of this bill that legislation in this area needs to be absolutely clear and those seeking to end their lives, and those who assist them, need a robust and transparent process to be certain under which conditions it would be lawful for assistance to be provided.
"We remain concerned over the lack of definition of the key terms, such as "assistance" and "life-shortening" and the functions of the licensed facilitator are still uncertain."We remain concerned over the lack of definition of the key terms, such as "assistance" and "life-shortening" and the functions of the licensed facilitator are still uncertain.
"Lack of such clarity leads to ambiguity and leaves the legislation open to interpretation.""Lack of such clarity leads to ambiguity and leaves the legislation open to interpretation."
And the Church of Scotland urged MSPs to do more to improve end-of-life care instead of backing the bill.And the Church of Scotland urged MSPs to do more to improve end-of-life care instead of backing the bill.
In a letter, Rev Sally Foster-Fulton, convenor of the Kirk's Church and Society Council, wrote: "We believe that this bill represents much more than simply a tinkering with the law, breaching as it does the societal prohibition on the taking of human life.In a letter, Rev Sally Foster-Fulton, convenor of the Kirk's Church and Society Council, wrote: "We believe that this bill represents much more than simply a tinkering with the law, breaching as it does the societal prohibition on the taking of human life.
"It carries implications for the whole of society, not just for those who will seek assisted death, and for attitudes to many aspects of health and social care.""It carries implications for the whole of society, not just for those who will seek assisted death, and for attitudes to many aspects of health and social care."
Assisted Suicide Bill - key measuresAssisted Suicide Bill - key measures
In 2010, a similar piece of legislation was defeated by 85 votes to 16, with two abstentions, by MSPs who were allowed a free vote on the proposals, rather than on party lines. You can watch the full debate on Democracy Live from 14:40.
You can watch the full debate on Democracy Live From 2.40pm, Wednesday 27 May.