'MSPs could be seen wiping away tears'published at 22:52 GMT

22:52 GMT

James Cook
Scotland editor

Image source, Getty Images

This was an emotional evening here at Holyrood and, for campaigners in favour of assisted dying, a deeply disappointing one.

In 27 years of devolution, the Scottish Parliament has now considered, and rejected, the principle of assisted dying, or, as some call it, assisted suicide, three times.

But opinion is clearly shifting. In 2010 MSPs rejected the idea by 85 votes to 16 and in 2015 it was 82 to 36 against.

This time the margin of defeat for the bill was narrower, 69 against and 57 in favour.

At many points during the debate, MSPs could be seen wiping away tears and, at the end, several comforted the bill's sponsor Scottish Liberal Democrat Liam McArthur, who looked distraught.

There were moral objections to his bill, there were practical objections but in the end it may have been constitutional objections which proved the stumbling block.

The Scottish Parliament did not have the power to confer protections on NHS staff who objected to participating in the process.

They would have relied on Westminster to insert such protections and for some medical organisations and some MSPs that was not good enough.

Dr Julia Laing, of Friends at the End, said she was heartbroken, adding that Scotland has to do better

Her colleague Emma Cooper, convener of the charity, said: "We are extremely disappointed to see that MSPs did not reflect the views of the people they represent in the Assisted Dying Bill (Scotland) today.

"The overwhelming majority of people in every single constituency across Scotland clearly communicated they wanted assisted dying.

“It is hard to understand given the testimony we heard today from terminally ill adults and their loved ones who have too often witnessed, frankly, horrible deaths.

“The debate has sadly been plagued by misinformation and fears overriding facts. This was not a choice between living or dying, it was simply a question of how.

"This is not an issue that is going to go away and the fact remains that the status quo lacks compassion."

Big swing after 11 MSPs switch votepublished at 22:43 GMT

22:43 GMT

Philip Sim
BBC Scotland political correspondent

The Scottish Parliament has sent out the full breakdown of the vote and it's confirmed that 11 MSPs who backed assisted dying in the first vote last year have switched to oppose the bill tonight.

They include some who had announced that move, such as the Scottish Tory leader Russell Findlay; some who announced it in the chamber, like Labour's Daniel Johnson; and some we weren't necessarily expecting, such as SNP housing secretary, Mairi McAllan.

Those changes are why there has been such a big swing - from a majority of 14 votes in favour of the bill in May last year, to a majority of 12 against it tonight.

Image source, PA

The Lib Dem MSP, whose member's bill for assisted dying has just been defeated, thanks his staff and the terminally ill Scots and their families who have told their stories.

"I am sorry that parliament has denied you this compassionate choice tonight," he says.

“However, for now we should be proud that this is by far the most votes that an assisted dying bill has ever secured in the Scottish Parliament.

"This is not a conversation that is going away.

"For so long as dying Scots continue to suffer as a result of the lack of choice and safety afforded to them by the current law, I’m certain that it will be an issue in front of parliament once more."

Liam McArthur MSP has today expressed his disappointment as his Assisted Dying for Terminally Ill Adults bill fell just short in its stage three vote tonight.

The Lib Dem MSP says: "I am obviously deeply disappointed at the result of tonight’s vote.

"For many MSPs this will have been the last significant vote they will cast in their time in parliament.

"I know many have wrestled with their consciences.

"They will now have to live with their decisions."

Adamson, Clare (Motherwell and Wishaw) (SNP)

Allan, Alasdair (Na h-Eileanan an Iar) (SNP)

Baillie, Jackie (Dumbarton) (Lab)

Baker, Claire (Mid Scotland and Fife) (Lab)

Balfour, Jeremy (Lothian) (Ind)

Bibby, Neil (West Scotland) (Lab)

Boyack, Sarah (Lothian) (Lab)

Briggs, Miles (Lothian) (Con)

Brown, Keith (Clackmannanshire and Dunblane) (SNP)

Carson, Finlay (Galloway and West Dumfries) (Con)

Choudhury, Foysol (Lothian) (Ind)

Constance, Angela (Almond Valley) (SNP)

Doris, Bob (Glasgow Maryhill and Springburn) (SNP)

Dowey, Sharon (South Scotland) (Con)

Duncan-Glancy, Pam (Glasgow) (Ind)

Eagle, Tim (Highlands and Islands) (Con)

Ewing, Annabelle (Cowdenbeath) (SNP)

Ewing, Fergus (Inverness and Nairn) (Ind)

Findlay, Russell (West Scotland) (Con)

Forbes, Kate (Skye, Lochaber and Badenoch) (SNP)

Fraser, Murdo (Mid Scotland and Fife) (Con)

Gallacher, Meghan (Central Scotland) (Con)

Golden, Maurice (North East Scotland) (Con)

Gosal, Pam (West Scotland) (Con)

Gougeon, Mairi (Angus North and Mearns) (SNP)

Grant, Rhoda (Highlands and Islands) (Lab)

Griffin, Mark (Central Scotland) (Lab)

Halcro Johnston, Jamie (Highlands and Islands) (Con)

Haughey, Clare (Rutherglen) (SNP)

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)

Hoy, Craig (South Scotland) (Con)

Johnson, Daniel (Edinburgh Southern) (Lab)

Kerr, Stephen (Central Scotland) (Con)

Leonard, Richard (Central Scotland) (Lab)

MacGregor, Fulton (Coatbridge and Chryston) (SNP)

Maguire, Ruth (Cunninghame South) (SNP)

Marra, Michael (North East Scotland) (Lab)

Mason, John (Glasgow Shettleston) (Ind)

Matheson, Michael (Falkirk West) (SNP)

McAllan, Màiri (Clydesdale) (SNP)

McCall, Roz (Mid Scotland and Fife) (Con)

McMillan, Stuart (Greenock and Inverclyde) (SNP)

McNair, Marie (Clydebank and Milngavie) (SNP)

McNeill, Pauline (Glasgow) (Lab)

Mountain, Edward (Highlands and Islands) (Con)

Mundell, Oliver (Dumfriesshire) (Con)

Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)

O'Kane, Paul (West Scotland) (Lab)

Regan, Ash (Edinburgh Eastern) (Ind)

Roddick, Emma (Highlands and Islands) (SNP)

Ross, Douglas (Highlands and Islands) (Con)

Rowley, Alex (Mid Scotland and Fife) (Lab)

Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab)

Sarwar, Anas (Glasgow) (Lab)

Simpson, Graham (Central Scotland) (Reform)

Smith, Liz (Mid Scotland and Fife) (Con)

Stevenson, Collette (East Kilbride) (SNP)

Stewart, Alexander (Mid Scotland and Fife) (Con)

Sturgeon, Nicola (Glasgow Southside) (SNP)

Sweeney, Paul (Glasgow) (Lab)

Swinney, John (Perthshire North) (SNP)

Villalba, Mercedes (North East Scotland) (Lab)

Webber, Sue (Lothian) (Con)

Wells, Annie (Glasgow) (Con)

White, Tess (North East Scotland) (Con)

Whitfield, Martin (South Scotland) (Lab)

Whittle, Brian (South Scotland) (Con)

Wishart, Beatrice (Shetland Islands) (LD)

Yousaf, Humza (Glasgow Pollok) (SNP)

Adam, George (Paisley) (SNP)

Adam, Karen (Banffshire and Buchan Coast) (SNP)

Arthur, Tom (Renfrewshire South) (SNP)

Beattie, Colin (Midlothian North and Musselburgh) (SNP)

Brown, Siobhian (Ayr) (SNP)

Burgess, Ariane (Highlands and Islands) (Green)

Burnett, Alexander (Aberdeenshire West) (Con)

Callaghan, Stephanie (Uddingston and Bellshill) (SNP)

Carlaw, Jackson (Eastwood) (Con)

Chapman, Maggie (North East Scotland) (Green)

Clark, Katy (West Scotland) (Lab)

Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)

Cole-Hamilton, Alex (Edinburgh Western) (LD)

Dey, Graeme (Angus South) (SNP)

Don-Innes, Natalie (Renfrewshire North and West) (SNP)

Dornan, James (Glasgow Cathcart) (SNP)

Dunbar, Jackie (Aberdeen Donside) (SNP)

Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)

FitzPatrick, Joe (Dundee City West) (SNP)

Gibson, Kenneth (Cunninghame North) (SNP)

Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)

Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)

Greene, Jamie (West Scotland) (LD)

Greer, Ross (West Scotland) (Green)

Gulhane, Sandesh (Glasgow) (Con)

Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)

Harper, Emma (South Scotland) (SNP)

Harvie, Patrick (Glasgow) (Green)

Hyslop, Fiona (Linlithgow) (SNP)

Kerr, Liam (North East Scotland) (Con)

Kidd, Bill (Glasgow Anniesland) (SNP)

Lennon, Monica (Central Scotland) (Lab)

Lochhead, Richard (Moray) (SNP)

Lumsden, Douglas (North East Scotland) (Con)

MacDonald, Gordon (Edinburgh Pentlands) (SNP)

Mackay, Gillian (Central Scotland) (Green)

Mackay, Rona (Strathkelvin and Bearsden) (SNP)

Macpherson, Ben (Edinburgh Northern and Leith) (SNP)

Martin, Gillian (Aberdeenshire East) (SNP)

McArthur, Liam (Orkney Islands) (LD)

McKee, Ivan (Glasgow Provan) (SNP)

McLennan, Paul (East Lothian) (SNP)

Minto, Jenni (Argyll and Bute) (SNP)

Mochan, Carol (South Scotland) (Lab)

Rennie, Willie (North East Fife) (LD)

Robertson, Angus (Edinburgh Central) (SNP)

Robison, Shona (Dundee City East) (SNP)

Ruskell, Mark (Mid Scotland and Fife) (Green)

Slater, Lorna (Lothian) (Green)

Somerville, Shirley-Anne (Dunfermline) (SNP)

Stewart, Kaukab (Glasgow Kelvin) (SNP)

Stewart, Kevin (Aberdeen Central) (SNP)

Thomson, Michelle (Falkirk East) (SNP)

Todd, Maree (Caithness, Sutherland and Ross) (SNP)

Torrance, David (Kirkcaldy) (SNP)

Tweed, Evelyn (Stirling) (SNP)

Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)

Our colleagues in the parliament are gathering reaction to the vote on the assisted dying bill.

Campaigners against the proposed legislation are saying they are relieved.

They also say the quality of debate was the best of this parliament.

From the other side of the argument, Ally Thompson, of Dignity in Dying, says she is hugely disappointed and the issue is not going away.

Following the vote, Dr Gordon Macdonald, CEO of Care Not Killing, said: “We are relieved that MSPs have decided not to back this legislation.

"We believe the bill posed serious risks to the most vulnerable in society - including disabled people and those suffering from domestic abuse."

This is echoed by the Church of Scotland's moderator, Rt Rev Rosie Frew, who said: "I welcome the news that the Scottish Parliament has chosen not to approve the assisted dying bill.

"In May 2025, the General Assembly reaffirmed its opposition to assisted dying, following extensive Church-wide consideration, lengthy debate and a close vote."

Swinney 'relieved' that bill voted downpublished at 22:29 GMT

22:29 GMT

Philip Sim
BBC Scotland political correspondent

The first minister did not speak in the debate, but we knew in advance that he would be voting against the bill.

Outside the chamber, John Swinney tells reporters he is "relieved" that the bill was voted down after an "incredibly passionate" debate, but understands that other members will be deeply sorry about the outcome.

CARE for Scotland welcomes the assisted dying bill falling and argues it is a "victory for the vulnerable".

Dr Stuart Weir, head of the charity, said: “We’re delighted members have rejected this irredeemably flawed bill. It is a real victory for the vulnerable.

"This bill would have opened a Pandora's box which would have fundamentally changed healthcare across Scotland.

“There is no doubt in my mind that members have made a positive and truly compassionate decision today."

McArthur 'devastated' by resultpublished at 22:26 GMT

22:26 GMT

Philip Sim
BBC Scotland political correspondent

Speaking to journalists after leaving the chamber, Liam McArthur says he is “devastated” by the result.

He says the system “has been failing dying Scots for too long” and that many will feel let down by the result.

He says the issue “isn’t going away” - that the number of people affected is only going to increase and people overwhelmingly want to see a change in the law.

He says MSPs will reflect on this decision and may have regrets in the cold light of day.

The country’s largest end-of-life charity, Marie Curie, has issued a call to action for Scotland’s government and health services.

Amy Dalrymple from the charity, said:“Marie Curie maintains a neutral position on the matter of assisted dying. However, the debate around this bill has put the crisis in palliative and end-of-life care in the spotlight."

Marie Curie Scotland’s top priority for the next Scottish government is to commit to, and legislate, to deliver the right to palliative care.

“Dying people cannot keep waiting."

“It’s clear that next Scottish government must make the Right to Palliative Care a priority.”

In response to tonight's vote on assisted dying in Scotland, Toby Porter, CEO of Hospice UK said: “The assisted dying debate by MSPs has raised important questions about how we support people at the end of life.

"Despite today’s decision not to progress with assisted dying in Scotland, those questions still need answers."

He said more than 60,000 people die in Scotland each year and the number of people who needed palliative care was rising rapidly.

“While Hospice UK is neutral on the principle of assisted dying, it is imperative that everyone approaching the end of life can access the care and support they need," he said.

The charity is also calling on the next Scottish government to commit to an independent review of palliative care.

The Scottish government says it maintained a neutral position throughout, while providing detailed technical, legal and financial commentary to ensure the bill would be workable in practice if passed, and had been working with the UK government in relation to legislative competency issues.

It says: “The Scottish government remains committed to ensuring that everyone in Scotland who needs it can access well co-ordinated, compassionate and high-quality palliative and end-of-life care.”

Kirsten Campbell
BBC Scotland political correspondent

MSPs have voted against the assisted dying legislation by 57 votes to 69 with one abstention.

The bill would have given terminally ill adults with less than 6 months left to live the right to seek medical assistance to end their lives.

The MSP proposing the legislation, Liam McArthur, had urged colleagues to have the courage of their convictions and give patients more choice, more dignity and more compassion at the end of their lives.

But a number of MSPs who'd backed the bill in principle at an earlier stage, decided they still had too many concerns about a lack of safeguards to support it.

The bill has fallen, but there is nothing to stop Holyrood considering the issue again in the future.

MSPs vote against Scotland's assisted dying bill.

57 backed it, 69 voted against and there was one abstention.

The debate has wrapped up and we now await the vote.

It will be third, after votes on two other bills.

Will the bill fall short at the final hurdle?published at 22:04 GMT

22:04 GMT

Philip Sim
BBC Scotland political correspondent

Perhaps it's fitting that the final speaker in the open debate was an MSP who has swithered about how to vote.

Stuart McMillan voted against the bill at stage one, but was genuinely on the fence for this final vote.

He was perhaps one of those that Liam McArthur had hoped to win over.

But instead, the Lib Dem MSP had to rise for his closing speech to acknowledge that parliament may well vote his bill down.

There are a few undecided members who did not speak in the debate, which still makes the result a little unpredictable.

But given the numbers who got up to announce they have switched sides to now oppose the bill, it sounds like McArthur is resigned to falling short at the final hurdle.

Liam McArthur, the MSP behind this bill, gives the closing speech of the debate.

The Lib Dem MSP says: "It seems clear parliament will vote against this bill shortly.

He warns MSPs they will come to regret that deeply, but not as deeply those who are dying.

There is no evidence of the so-called "slippery slope" some have expressed concerns about.

He passionately outlines the fears of a number of people facing terrible deaths.

"This bill is tightly drawn, it's heavily safeguarded and its legally defensible," he says.

By refusing to act, parliament will force people to go overseas or condemn them to suffer, he adds.

He implores MSPs to have the courage of their convictions and back this bill.

The chamber applauds his speech and we move to decision time.