Oireachtas Joint and Select Committees

Tuesday, 7 November 2023

Joint Oireachtas Committee on Assisted Dying

Protecting Autonomy and Assessing Decision-making Capacity: Discussion

Mr. Justin McKenna:

I was listening to the radio at the weekend. I do not know if the Deputy tunes into Newstalk, but there was a lady with a lovely name of Manoush Zomorodi. She does TED Talks. On this occasion, she spoke about lifespan, how modern science has enabled people to live longer and the reasons for that, going back to pasteurisation, chlorination, penicillin and all the rest of it, to keep us going.

In the context of dementia, as far as the existing 1996 rules would apply for enduring powers of attorney, the one big change now is Part 8 of the 2015 Act. Part 8 brings about the ability to write an advanced healthcare directive. In the context of dementia, I see the circumstances of the patient being relevant. The quality of the life of the person will have diminished to a point that is clinically intolerable within the grounds of that person's determination and where there is no prospect of that quality improving by natural means. The point about the programme I was listening to is about the idea of lifespan and health span. These are not the same. You can live with dementia for a very long time. We in this room will all know people who are in that condition and who could sustain a life, or perhaps an existence. However, is it healthy? Is it healthy in the way they would like it to be? In a previous time, when they had capacity and when they were able to determine what they regarded as quality, they should be allowed to maintain it and decide when it should end, if that quality no longer exists.