Scottish assisted suicide Bill fails to protect conscience rights, expert warns

Scottish assisted suicide legislation is deeply flawed in its approach to conscientious objection by medical professionals, an expert has warned.

Dr Mary Neal, a reader in law at the University of Strathclyde who specialises in conscience issues, hit out at proposals from Liberal Democrat MSP Liam McArthur.

Writing for a pharmacy magazine, she said, "those proposing the new law have not fully considered the role of pharmacists and pharmacy technicians".

Criticising a clause in the Bill that claims to provide protection for medics, she said:

"The main issue with the clause is that – as things stand – it may well not become law along with the rest of the Bill. [The Scottish Parliament] lacks the power to legislate about conscientious objection.

"Unless it is granted such power by Westminster, section 18 will simply be ineffective, and health professionals will have no right to opt out at all".

Dr Neal went on to warn that even if powers were granted to Holyrood and the clause did take effect, "it would still be inadequate".

She explained that the wording of the clause is modelled on the Abortion Act 1967, which only protects "professionals from ‘direct’ or ‘hands-on’ involvement in abortion".

"[The] same would be true of assisted dying. Whether pharmacy professionals were protected from having to fulfill certain tasks in relation to assisted dying would depend...on whether those tasks were considered sufficiently ‘direct’ or ‘hands on’ to be covered".

Dr Neal concluded:

"Conscientious objection is key to safeguarding not only the integrity of individual professionals, but also the rich diversity of the profession, avoiding excluding those with particular viewpoints.

"Protection for conscience is not a luxury, but an essential feature of any assisted dying legislation, and pharmacy professionals and organisations should be far from satisfied with what is currently on offer".

A call for views on the Scottish Bill closed earlier this month. Holyrood's Health Committee will soon begin hearing oral evidence from different groups.

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