Question to the Scotland Office:

To ask the Secretary of State for Scotland, whether he has made an assessment with Cabinet colleagues of the potential impact of the Assisted Dying for Terminally Ill Adults (Scotland) Bill on NHS staff working in other parts of the UK who may be treating Scottish resident patients; and whether he has made an assessment of the potential merits of using section 35 of the Scotland Act 1997 in relation to this Bill.

The UK Government is neutral on the matter of assisted dying. During the Bill’s passage through the Scottish Parliament, the question of whether it is within competence is a matter for the Scottish Government and Scottish Parliament.

While assisted dying is devolved, it interacts with some areas which are reserved. The Scottish Government considered that certain areas of the Bill are beyond the powers of the Scottish Parliament and requested the UK Government take action to address these. After discussions with the Scottish Government we have agreed to make a limited and temporary, technical, change to the Scotland Act 1998 through a Section 30 Scotland Act Order. This change will allow the Scottish Parliament to provide for the approval and regulation of substances and devices to be used in an assisted dying regime in Scotland, should it wish to do so. This order has been laid and is available for Parliamentarians to scrutinise.