Minimum age in Scottish assisted dying bill raised to 18

The age at which Scots could seek to end their own life under proposed assisted dying legislation has been raised from 16 to 18.

However, MSPs on Holyrood’s health committee voted against a separate call to increase the minimum age to 25.

The Assisted Dying for Terminally Ill Adults (Scotland) Bill would allow terminally-ill, mentally competent adults to seek medical help to end their lives.

The bill, tabled by Liberal Democrat MSP Liam McArthur, is being scrutinised by parliament after passing an initial vote on its general principles. It would need to pass a final vote to become law.

McArthur had already promised to raise the lower age threshold from 16 during the stage one debate.

A bill to legalise assisted dying in England and Wales has also passed a stage one vote at Westminster.

An amendment to the Holyrood bill to increase the minimum age to 18, which was tabled by Conservative MSP Sandesh Gulhane, was backed unopposed by the health committee.

Dr Gulhane said: “I believe an adult is someone who is 18 years old. I believe they at that point (have the right) to decide on their medical treatment, to accept or refuse treatment, they have the right to go to a pub and drink legally, they have the right to smoke.

“They have the right to do a lot of things, they are no longer in school in the majority of cases.”

He added: “The vast majority of people at 18 are able to make their own decisions.”

Labour MSP Claire Baker submitted an amendment that would have raised the minimum age to 25.

She claimed that would ensure “consistency” as courts treat offenders under the age of 25 differently “recognising that young adults may not yet possess full emotional and cognitive maturity”.

Baker said: “If the principle of maturity at 25 is accepted when determining responsibility for wrongdoing, I’m asking members to consider it should also apply when considering a decision that is far more permanent, a decision that would end one’s own life.”

While Dr Gulhane accepted brain development continued until the age of 25, he told the committee: “I don’t believe 25 is the right age, because there are plenty of 18-year-olds with the ability to make informed decisions.”

All nine MSPs on the committee voted against Baker’s amendment.

The health committee will continue to scrutinise proposed amendments to McArthur’s member’s bill, ahead of a final vote on the amended bill at stage three.