Oireachtas Joint and Select Committees

Tuesday, 13 June 2023

Joint Oireachtas Committee on Assisted Dying

Assisted Dying, Legal and Constitutional Context: Discussion

Photo of John LahartJohn Lahart (Dublin South West, Fianna Fail) | Oireachtas source

Okay. I would like a little context on why the State moved to decriminalise suicide and the consequences of that.

In the work of this committee, we will hear a great deal about a differentiation between assisted dying and assisted suicide. How do both witnesses' organisations view these terms? Clarifying that would be helpful for us.

To ask a subjective question, if the witnesses were to read the Supreme Court's mind in dismissing the appeal in the Marie Fleming case while leaving it open to the Oireachtas to legislate, what do they believe was the justices' intent? Was it for the Houses to legislate or to consider the subject of assisted dying or assisted suicide?

Both witnesses gestured towards the issue of incidents of abuse and pressure. A number of thoughts struck me, particularly when Ms Gibney said, "with a view to protecting patients from pressure and abuse".

If we turn that on its head, the “pressure and abuse” could come from the opposite direction if this were to be legalised. We have not considered the notion that someone may be pressured or abused into not considering it. I do not know whether that has ever happened, or if there is any experience from other jurisdictions.

As I said, there is a difference between assisted suicide and assisted dying. There is also palliative care. This is really for the public record and for members of the public who might be watching. There are thin lines in the differences between some of these concepts. It would be interesting from the point of view of the committee's work to talk about that. Do the representatives think that palliative care has ever either consciously or unconsciously slipped into the area of assisted dying? The intent may not have been to assist the patient to die, because I think the intent is always to assist the person in their pain. The dignity of the patient is always paramount. However, do the representatives think there is any grey area that the committee should consider? Those are my questions.

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