'Expert spokesperson on proposed assisted dying legislation rollout across United Kingdom: "Scotland could become Europe's next 'death tourism destination."
The conclusion is based on a comparison of the three current Bills in Jersey, Scotland and England Wales by the University of Hertfordshire’s Law School’s end-of-life legal expert Dr Claudia Carr.
Dr Carr is an academic medical lawyer at the University and the author of several books and academic papers on different aspects of Medical Law and Ethics.
The Scottish Bill is at Stage 3, which is the final stage of the legislative process. Members of the Scottish Parliament (MSPs) can still propose amendments. Thereafter there will be a final debate and vote, and Stage 3 is expected to conclude early in 2026.
In England and Wales, assuming the Bill completes its stages, implementation has been envisaged by some as taking up to four years after Royal Assent.
Dr Carr identifies three main differences between the Bills that could lead to people in England and Wales to travel to Scotland for an assisted death.
Dr Carr said:
“The first reason is that the Scottish law will come into effect years before it is envisaged the law in England and Wales does. Anybody with a terminal diagnosis who feels the clock counting down may well consider their options.
“Secondly the residential requirement in Scotland is 12 months, which some people with a terminal illness - projected to take longer than 12 months to run its course - may regard as a reasonable period within which they could relocate.
“Finally, the wording of the Bill in Scotland is wider in its definition than the one in England and Wales. In England and Wales, assisted dying requires a person to have, ‘an inevitably progressive illness or disease that cannot be reversed by treatment, and their death can reasonably be expected within six months’. The Bill in Scotland applies, ‘if the person has an advanced and progressive disease, illness or condition from which they cannot recover, and which can reasonably be expected to cause their premature death’.
“This means there is no fixed time limit for the expected death, and the provisions of the Bill would apply, for example, to Motor Neurone Disease, end stage heart failure and advanced metastatic cancer – which would likely not be the case in England and Wales.”
Dr Carr identified one final reason why ‘death tourism’ could come to the UK.
“Given the current opposition in the House of Lords, it would be ironic if the Bill in England and Wales fell because of lack of time. This would mean people in England and Wales still had access to assisted dying, but only if they re-located in time to Scotland, but with its broader provisions, some of which are excluded from the Bill in England and Wales. At present Scotland has no definitive prognosis period, judicial oversight or assisted dying panel although the Bill could face amendments.
“I’m beginning to wonder whether some people will regard Scotland as a more positive climate for an assisted death and move accordingly.”
Dr Carr added one final note about how the law in England and Wales may be affected by a change in the law in Scotland. She said it could resemble the present situation with Dignitas.
“The UK would still need to consider its criminal laws and prosecution policy on assisting a suicide, or we could have the absurd situation where a loved one relocates to Scotland and has a legal medically assisted death but those who help facilitate the re-location wait to find out if they will be prosecuted for what is otherwise a perfectly legal act.”
The Isle of Man legislation is awaiting Royal Assent and is expected to be implemented by 2027. However, it has a five-year residency requirement which would rule out the probability of any ‘tourism’.