Concerns about leaving elements of the bill to Westminsterpublished at 17:27 GMT
17:27 GMT
Lynsey Bews
BBC Scotland political correspondent
Many MSPs are concerned about the legal protections on offer for
NHS staff. That includes ensuring there is adequate training in place for those
who wish to participate in assisted dying, and allowing staff who
conscientiously object to opt out without any detriment. But fairly recently it
emerged that the Scottish government considers those aspects of the legislation
to be beyond Holyrood’s powers, and has tabled amendments to remove them.
Scottish and UK ministers have instead being discussing the use of
something called a section 104 order – that would see the UK government
legislate for these provisions at a later date.
Liam McArthur has described the issue over devolved powers as
” fairly routine”, and has sought to reassure MSPs “that the law
they wish to see will be the law they get”.
But some in the chamber are nervous about removing what they see
as crucial elements of the bill, and leaving them in the hands of politicians
at Westminster to sort out.
Indeed, a number of organisations representing medical staff have
raised concerns, stating the move raises important questions about
“transparency, accountability, and the robustness of the legislative
process”.
Westminster’s Scottish Affairs Committee suggested a draft order
could be published before the final vote at Holyrood next week – to give MSPs
clarity on how legal protections for staff would be dealt with. But there is no
time left to do that – and it’s possible this issue could prove a major
stumbling block for the bill.