§ 25. Mr. James Wray (Glasgow, Baillieston)What recent advice she has given on legislation relating to euthanasia. [2603]
§ The Advocate-General for Scotland (Dr. Lynda Clark)I give legal advice on a range of matters as and when required. The Government have no plans to introduce legislation relating to euthanasia. In Scotland the matter is devolved to the Scottish Executive, and I understand that they have no plans to introduce legislation relating to euthanasia, either.
§ Mr. WrayThere is much confusion in Scotland with regard to euthanasia. Neither Ministers in Scotland nor the Cabinet Office at Westminster understand where responsibility lies. It is not dealt with, along with surrogacy and abortion, under the part of schedule 5 to the Scotland Act that covers health and medicines, so the rule of thumb is used, in case of biotourism. As the criminal law, including the law with regard to murder, is devolved, is not euthanasia, too, a devolved matter?
The Advocate-GeneralMy hon. Friend is correct. The criminal law, including that with regard to murder, is devolved, and in certain circumstances the taking of 144 human life will be murder—or it could be culpable homicide. Euthanasia, as defined by Scots law, is not acceptable and is contrary to law. That is a devolved matter for the Scottish Parliament.