Legal Experts express support for Assisted dying bill

Today, Wednesday 7th May, a group of esteemed legal experts have shared their views on Liam McArthur MSP’s Assisted Dying for Terminally Ill Adults (Scotland) Bill with MSPs.  

The experts will address a specially convened meeting in the Scottish Parliament to discuss the bill as currently drafted, their reflections on the broader legal implications of assisted dying under Scots Law, and their insights into some of the specific issues in their respective areas of expertise.

Professor James Chalmers and Dr Sarah Sivers said:

“The introduction of this Bill is a welcome and long-overdue step toward reforming an area of law that has remained unaddressed for far too long.  

“We wish to highlight the urgent need for clarity in the law surrounding assisted dying. Currently, under Scots law, there is no dedicated statute, minimal and often confusing case law, and no prosecutorial guidelines from the Lord Advocate. This lack of legal clarity places healthcare professionals and family members at risk of prosecution for homicide for assisting a terminally ill person to die—an act that is lawful and regulated in several other jurisdictions.

“The Scottish Parliament must take this issue seriously and give it the detailed consideration it deserves. Clear regulation and oversight are desperately needed, and we urge Parliament to give this Bill the detailed and thoughtful scrutiny it deserves.”

Liam McArthur MSP said:

“I warmly welcome this intervention from such senior legal experts.  They present a strong legal argument for why the law on assisted dying has to change. Their input will be invaluable in informing the Stage 1 debate, and in helping MSPs to make a decision grounded in evidence, compassion, and a deep understanding of the law.

“Taken alongside the evidence from other countries showing that laws like the one I propose work well, the wishes of dying people and the testimonies of those who have watched a loved one experience a harrowing death, the case for passing the principles of this Bill next week, and indeed the law on assisted dying, is clear and compelling.”

MSPs will hear from:

• Professor James Chalmers, Regius Professor of Law at the University of Glasgow, where he researches and teaches criminal law, evidence, and procedure.

• Dr Sarah Sivers, a legal academic with expertise in healthcare law and ethics spanning the last 15 years. Her areas of specialism are in end-of-life issues, exploring both the legal and ethical dimensions of healthcare in areas such as assisted dying, future care planning and capacity.  She is the Associate Dean for Research in the School of Law and Social Sciences at Robert Gordon University, Aberdeen.

• Dr Andrew Tickell, Senior Lecturer in Law, Glasgow Caledonian University.  He was appointed Head of Department for Economics and Law in October 2024. His teaching and research interests now include criminal law and evidence, devolution and public law, and more recently, miscarriages of justice. Andrew has a particular interest in the intersection between law, politics and policy and has given evidence to the Scottish Parliament on fourteen occasions during the last decade on diverse issues including hate crime, human rights, defamation, devolution, and domestic abuse.

• Mr Adrian Ward, a recognised national and international expert in adult incapacity law.   As consultant to the Council of Europe, he has recently completed a review of implementation throughout Europe of Council of Europe Recommendation (2009)11 on principles concerning powers of attorney and advance directives for incapacity.  He is an expert adviser to the Centre for Mental Health and Capacity Law, Edinburgh Napier University.