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Wallace rules out passsive euthanasia
09/12/1999
Euthanasia will not be permitted through the front or back door, Deputy First Minister Jim Wallace made clear today when he outlined to the Scottish Parliament amendments to the Adults with Incapacity Bill.
Following scrutiny of the Bill's general principles by Committees of the Parliament, the Scottish Executive is changing parts of the Bill to clarify the fact that it is not intended to allow euthanasia.
This includes allowing doctors to proceed with treatment against the wishes of an attorney or guardian, if they gain a second medical opinion. There will also be wider appeal powers for those concerned about the course of action proposed by doctors.
Changes are also being made to allow same sex partners to be included as the nearest relative of an adult with incapacity.
Mr Wallace said:
"The Adults with Incapacity Bill represents a major piece of law reform and is likely to affect every family in Scotland at one time or another. It is therefore vital that we get it right.
"We have consulted widely on the proposals and listened carefully to concerns which have been raised. One of the recurrent themes has been the implication that the Bill opens the way to passive euthanasia. I want to make it absolutely clear - the Scottish Executive is totally opposed to euthanasia. Any such act is a crime in Scotland and nothing in the Bill will alter that position.
"We do believe, however, that some changes are needed to create a more balanced approach to treatment decisions. These will include allowing doctors to seek a second medical opinion in cases where the guardian or welfare attorney has refused consent to the medical treatment proposed.
"If this second opinion confirms the need for the treatment in question then the doctor would be able to proceed. Anyone with an interest in the personal welfare of the patient would be able to appeal to the Court of Session, if they are concerned about the course of action proposed by a doctor, even where that action is supported by a second medical opinion.
"We have listened to views on the definition of medical treatment and in particular the inclusion of artificial nutrition and hydration, which has caused unease. We propose to amend the definition of medical treatment to remove reference to particular procedures and to define treatment simply as 'any procedure or treatment designed to safeguard or promote physical or mental health'. The positive nature of the new definition will underline the fact that the main purpose of this Bill is to help - not harm - adults with incapacity.
"Concerns have also been raised about the Bill's excluding same sex partners from being involved in making decisions on behalf of the adult with incapacity. We will therefore introduce an amendment to the effect that a same sex partner may be treated as the nearest relative for the purposes of this legislation.
"We hope to have the Bill implemented in full by April 2002, although some parts will be introduced earlier. Up to half the proposals could be made by April 2001. A national implementation steering group will be set up to advise the Executive and we will make sure carers' and service-users' views are effectively represented."
Health Minister Susan Deacon, who closed the Parliamentary debate, said:
"This is a good Bill and we have worked hard to ensure a consensus of opinion in some difficult areas. Everyone agrees that reform of the law is long overdue and our shared journey towards achieving this important piece of legislation is well on course.
"Around 100,000 people in Scotland are affected by incapacity at any time, as are their families and carers. This is evidence of our determination to use the powers of the Scottish Parliament to bring about real improvements in the lives of the Scottish people."
News Release: SE1622/1999
9 Dec 1999