Pa Daly (Kerry, Sinn Fein) | Oireachtas source

I have a few initial opening thoughts. I welcome all our contributors and guests. I also welcome that this committee has been established. This is an important discussion to have in this third decade of the 21st century. Going back to the republican Constitution that we have, Article 40 is the most important one in it. This holds that everybody should be held equal in the eyes of the law and the State cannot discriminate between citizens. There is also a need to ensure the full and equal enjoyment of all rights and freedoms by disabled persons and the Disability Act 2005 promotes equality and prohibits any discrimination, especially in the provision of services.

It was interesting that the witnesses from IHREC mentioned rights-based supports and other social measures. It is important that they are all put in place. Coming from a rural constituency, I often see that these supports and services, especially in healthcare, are simply not there. While we do have a gold-star palliative care service in County Kerry, I wonder if there is the same service in other parts of the State and, if so, if it is of the same high quality. I have known dozens of people who have taken their own lives because they felt at the time that life was so unbearable for them. I have also known other people who had anticipated that they might travel to Switzerland, but when it came down to it, they chose not to do that.

I was particularly struck during the Covid-19 pandemic by a conversation I had with someone in St. Patrick's daycare centre in Tralee, which primarily deals with older people. The co-ordinator there told me that a good day for some people was being comfortable and warm, and that was it. Discriminating or classifying people into a different category, then, is probably almost impossible to do. In the context of considering everything in this debate, it is important we recognise that rights-based supports, as Ms Gibney said, are essential, bearing in mind the constitutional rights people have to be treated in exactly the same way. This is not good enough on its own. Extra supports must be put in place for people to allow them to achieve the same rights as other people.

Additionally, I refer to access to alternatives in this area, such as palliative care, counselling and information. Another contributor mentioned coercion and its dangers. People feeling they are a burden is a highly important aspect. There are concerns in the community regarding what has been referred to as unintended consequences. While they may be unintended, surely they are not unforeseeable. This is the challenge we face in respect of deciding whether to leave the legislation as it is or amending it.