The MSP
(pictured left) took over the bill following the death of Margo
Macdonald MSP in April 2014.
It was
proposing an ‘Oregon type system’ with trained ‘licensed
facilitators’ but with a wide scope for mentally competent adults (>16) with
a ‘terminal or life-shortening illness’ or a ‘progressive and terminal or
life-shortening condition’ who have concluded that the ‘quality of their life is unacceptable’.
The bill has
been heavily criticized for its relativistic definitions, poor reporting
provisions, minimal penalties, a ‘saving’ clause protecting doctors
acting in ‘good faith’, no specification of ‘means’ of suicide and the absence
of a conscience clause.
Oral evidence sessions took place earlier this year and Scottish First
Minister and SNP leader Nicola Sturgeon had already
signalled that she would not support the bill.
In addition over 15,000 Scottish people have signed a petition against it.
The Health and Sport Committee which scrutinised the bill
had already delivered a damning view of its shortcomings but left it up to MSPs
to decide. They did, giving it short shrift today.
Care Not Killing
(CNK), which fought a strong campaign against the Bill, brought together
more than 40 professional groups, faith groups and human rights groups
along with medical professionals, palliative care specialists and legal experts,
all convinced it would be dangerous and unnecessary to decriminalise the
existing law on homicide.
‘MSPs have issued a ringing endorsement of our views with
this comprehensive vote, taking a bold and critical step which marks a major
victory for the vulnerable in our society who are most in need of protection.
The present law making assisted suicide illegal is clear and right and does not
need changing.’
‘In every free democratic society there are limits placed on
human freedom in order to protect the common good and vulnerable people.
It is right that the law is not to be changed to accommodate the wishes
of a small number of desperate and determined people at the expense of the
rights of others.’
The controversial legislation would have made Scotland the
first part of the UK to legalise assisted suicide if it had been successful.
But Dr Macdonald said the vote demonstrated the widespread
support throughout the country for palliative care. He said: ‘Vulnerable people
who are sick, elderly or disabled can so easily feel pressure, whether real or
imagined, to end their lives so as not to be a burden on others. Parliament’s
first responsibility is to protect the vulnerable and that is what has
happened.’
And he added: ‘Experience in other jurisdictions, such as
Belgium, the Netherlands and the American states of Oregon and Washington,
shows that any change in the law leads to ‘incremental extension’ and ‘mission
creep’ as some doctors actively extend the categories of those to be included
(from mentally competent to incompetent, from terminal to chronic illness, from
adults to children, from assisted suicide to euthanasia).’
Legalising assisted suicide is fraught with danger. This is
a hugely welcome result and a vote for sanity, justice and common sense.
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