Oireachtas Joint and Select Committees

Tuesday, 28 November 2023

Joint Oireachtas Committee on Assisted Dying

Assisted Dying in New Zealand and Australia: Discussion

Mr. Michael Gaffney:

I thank the Chairman and committee members for the opportunity to appear before the committee. It is my pleasure to assist the Irish people and members of the joint committee with their deliberations on this most important issue.

Tasmania is a rural island state with a land area that is almost identical to the Republic of Ireland and a population of approximately 570,000. Our Parliament operates with a House of Assembly, also known as the Lower House, which has 25 Members, and a Legislative Council, known as the Upper House, which has 15 Members. There are two major parties, together with a number of independents. I am an Independent Member of the Legislative Council.

The Tasmanian End-of-Life Choices (Voluntary Assisted Dying) Act was the fourth time assisted dying legislation had been introduced. None of the previous three attempts, in 2009, 2013 and 2016, were successful. Indeed, the legislation did not even reach Committee Stage. The Bill was introduced by me as a Private Member’s Bill directly to the Legislative Council, where it passed with unanimous consent before being debated by the House of Assembly, passing by 19 votes to six. It received royal assent on 22 April 2021.

A critical factor in the Bill's success was its bespoke drafting, with considered legal and community input from sources that included me presenting the initial draft to 35 public forums across 29 council areas, numerous briefings and facilitating considered stakeholder input from all sides of the debate. In total, I have presented to 117 community forums across Tasmania. The widespread community engagement and involvement was definitely advantageous for the successful passage of this legislation. It reflected the community’s wider support for voluntary assisted dying as a legitimate and regulated health and well-being decision.

The Tasmanian Act has unique elements such as the role of nurses as administering health practitioners, AHPs, the inclusion of injury as part of the definition of a relevant medical condition, the anticipation of intolerable suffering as a legitimate reason, and the right of a person to apply for a determination from the commission to be exempt from the prescribed time limits, together with numerous essential safeguards. I look forward to answering questions and clarifying issues raised in the briefing document provided.

Comments

No comments

Log in or join to post a public comment.