MSPs will feel the weight of history as they vote on assisted dying
13 May 2025, 09:24 | Updated: 15 May 2025, 10:41
Third time's a charm, so the saying goes, but will MSPs vote, at the third time of asking, to legalise assisted dying in Scotland?
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There are few pieces of legislation passed in Holyrood which have utterly changed Scottish society.
The ban on smoking in public places was one. Legalising same sex marriage another.
Today though the weight of historical responsibility will be oppressively heavy on MSPs' shoulders as they contemplate whether or not they should vote for a Bill which would make assisted dying lawful.
And they should feel that weight, for this is quite literally a life or death issue.
As a result emotions have been running high on the subject. MSPs inboxes have been overflowing with entreaties from those who believe that being able to choose end of life to halt someone's suffering when a person desires to do so, is the humane option. But they've also been lobbied at length by those who believe such legislation is the start of a slippery slope, who worry about coercive behaviour, who say the focus should be on ensuring the state provides the best in palliative care, rather than giving the nod to state-sanctioned suicide.
Two noisy rallies outside the Parliament today will make it clear just how high risk the stakes are, while inside Holyrood there have been months of heated conversations in corridors, careful whispers in the Garden Lobby, and even full-throated debates in Margo's, the parliament's bar.
Thet drinking hole is named after the redoubtable Margo MacDonald, a former SNP MP and MSP, who latterly served as an independent. After being diagnosed with Parkinson's she turned her formidable mind to end of life care. At the time she said that the debate for her was not just a theory. "I feel strongly that, in the event of losing my dignity or being faced with the prospect of a painful or protracted death, I should have the right to choose to curtail my own, and my family's, suffering."
She piloted the second attempt to convince MSPs to legislate for assisted dying. But her Assisted Suicide (Scotland) Bill - which was taken up on her behalf by Scottish Green MSP Patrick Harvie in 2014 - fell at the first hurdle by 82 voted to 36. However that saw a greater number of MSPs vote in support than had happened at the first attempt in 2010, when LibDem Jeremy Purvis MSP saw his End of Life Assistance (Scotland) Bill fail by 85 votes to 16.
So today could be third time lucky for campaigners. Liam McArthur's Assisted Dying for Terminally Ill Adults (Scotland) Bill is more tightly drawn than previous Bills, and he has already said he is open to amendments at Stage 2 of the process, including raising the age of applicants from 16 to 18, and ramping up safeguards. Holyrood's health committee has pointed to other shortcomings it believes will need addressed should the Bill pass its first hurdle, but ultimately did not come to a view one way or the other on the principles of the Bill, given it is a conscience vote.
And that is what MSPs will have to vote on today - the principle of whether it is right for Scottish society to offer choice to terminally ill adults to take their own lives at a time they choose and right to allow doctors to prescribe the lethal drugs required for such an act (though Westminster would have to approve that as medicines, medical supplies and poisons is reserved). Or will they decided - again - that it is the state’s duty to protect life to the best of its ability, to ensure that those with terminal illnesses are able to receive the best care possible as they navigate their last few months, weeks, or days.
We know that heavyweight politicians including First Minister John Swinney, Kate Forbes, Anas Sarwar, Nicola Sturgeon, Humza Yousaf have said they will vote against. As will Alba's sole MSP, Ash Regan.
Scottish Tory leader Russell Findlay will vote for, to allow the debate on amendments to be heard, while the Scottish Liberal Democrats and Scottish Greens are also in favour. The word in Holyrood is that they are among 50 such MSPs, while around 31 have publicly said they are against. Just where the 45 undecideds will land, is anyone’s guess - but that Holyrood election on the horizon may have an impact on their thinking.
The vote will undoubtedly be tighter than ever before, as that 30% in favour back in 2014 is clearly already higher.
Is Scotland ready for assisted dying? The opinion polls suggest the public is - but they also show people are worried about the pervasive nature of being a “burden”, and where a Bill drawn up in the present for the terminally ill, might lead in the future for the elderly and the disabled.
Of course if MSPs vote yes today - there are two more stages for this Bill to get through before it becomes law. But even getting over this first hurdle will be a moment of parliamentary history.
And it will ultimately be history which judges whether MSPs prove to be right or wrong when they cast their votes today.
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