Scotland Act 1998 (Modification of Schedule 5) Order 2026

Debate between Lord Keen of Elie and Baroness Smith of Cluny

Tuesday 10th February 2026 Lords Chamber

[Baroness Smith of Cluny (Lab)]

I would be delighted to write to the noble Baroness. It is important that we have precision on this issue and I do not have that information immediately to hand, so I will write.

[Lord Keen of Elie (Con)]

My Lords, I will be brief. I am a little puzzled by the proposition that the regulation of the medicines to be employed in assisted dying is to be regarded as the central purpose of the Scottish Bill, while the regulation of those applying those medicines is merely consequential. I would have thought that the hand comes before the content, rather than the content before the hand, but there we are. There appears to be a difference of legal opinion on that narrow point.

I accept the observation made by the Minister that there are aspects of this that are complicated and difficult. I nevertheless am left with an abiding impression that this rather complex mechanism ultimately is designed to ensure that it is the Secretary of State who has the final say over the way in which this legislation is implemented, rather than the Scottish Parliament.

But that is where we are. I have expressed my regret with regard to the scope of the Section 30 order and I leave matters there.