The Assisted Dying for Terminally Ill Adults (Scotland) Bill is a landmark in Scottish legislative history. If enacted, it would permit mentally competent adults with a terminal illness to seek medical assistance to end their lives. The Bill passed its first stage at Holyrood and now faces two further rounds of parliamentary scrutiny before it can become law.
Described by supporters as a brave but compassionate step forward, which is rooted in autonomy, the Bill has also drawn significant criticism. Opponents raise concerns about whether the proposed safeguards go far enough to protect the most vulnerable in our society.
This national debate is not restricted to patients and the medical field. It raises significant implications for the legal profession.
The Law Society of Scotland has voiced considerable concern about the Bill’s approach to capacity and mental disorder, as well as the proposed involvement of solicitors in the process. Specifically, it has questioned the clarity of the solicitor’s role as a proxy and has called for stronger procedural safeguards to be contained in the bill.
What exactly the solicitor’s role will be in such a consequential topic remains to be seen. What is certain is that the Assisted Dying Bill challenges the legal profession to engage with the human impact of the law in unprecedented ways. If this bill becomes law, legal professionals will need to balance compassion with professional caution, offering guidance that is not only aligned with the new legislation but also ethically attuned. Ultimately, for lawyers, following this legislation correctly will involve more than interpreting words in the statute, but guiding individuals through some of the most difficult decisions of their lives.