JOHN Swinney has said he is finding it “more challenging” to come to a position on assisted dying than he did when previous legislation was brought forward in Scotland.

MPs at Westminster will be voting on Friday on a bill that would make it legal in England and Wales for over-18s who are terminally ill to be given assistance to end their own life.

MSPs are currently considering evidence on separate legislation for Scotland tabled by LibDem MSP Liam McArthur, with a Stage 1 debate due scheduled for the new year.

Although SNP MPs will abstain from the vote on the English and Welsh bill, the First Minister was pressed on whether he had come to a decision on whether to support legislation in Scotland.

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Last time a bill was brought forward in 2015 in Scotland, Swinney opposed it – a decision he said he did not find particularly difficult.

But he said he is having a tougher time reaching a conclusion this time around.

Speaking to journalists in Edinburgh on Wednesday, he said: “I am finding this issue more challenging than I have in the past.

“I didn’t really find it that difficult to come to the conclusion of opposing the previous legislation. I’m considering this very actively and carefully.

Liam McArthur is spearheading legislation that could make assisted dying for terminally ill adults legal in ScotlandLiam McArthur is spearheading legislation that could make assisted dying for terminally ill adults legal in Scotland (Image: Jane Barlow) “I think I’ve said before I want to hear the evidence coming through the Stage 1 proceedings of the bill. That’s now started, I am now reading that material – the submissions that have gone in to the committee and the official report of those committee proceedings.

“This is complex and sensitive and raises deeply significant moral questions. I will set out my position, but I’m just being respectful of the process because I recognise the depth of issues that are involved.”

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Swinney went on to say that his constituents have expressed “divided opinions” on the matter and he had to “do justice” to that by giving his decision careful consideration.

He did, however, stress he will make his position clear before the Stage 1 debate and vote, which is not expected until late February or March next year.

In October 2024, Scottish Health Secretary Neil Gray said the proposed legislation for Scotland went beyond the limits of Holyrood's powers and will likely require sign-off from Westminster.

McArthur said he was confident the UK and Scottish governments could find a solution if MSPs backed his bill.

The bill being considered in Scotland is entitled Assisted Dying for Terminally Ill Adults (Scotland) Bill.

This will be the third time that the Scottish Parliament has considered the issue.

In 2010, MSPs rejected Margo MacDonald's End of Life Assistance Bill by 85 votes to 16.

The independent MSP, who had Parkinson's Disease, died in 2014 and the cause was taken up by Patrick Harvie of the Scottish Greens.

The following year, his Assisted Suicide Bill was rejected by 82 votes to 36.

If MPs vote in favour of the English and Welsh bill on Friday, it would then have to pass further stages and scrutiny before becoming law.