Oireachtas Joint and Select Committees
Tuesday, 13 June 2023
Joint Oireachtas Committee on Assisted Dying
Assisted Dying, Legal and Constitutional Context: Discussion
Ms Rachel Woods:
On the first question, when we get into the question of whether and what framework or regulation should be put in place, the Department of Justice would not consider itself to be the expert on this. The committee will hear from people with lived experience and with greater expertise on that. The Department of Justice views this as very much an end-of-life healthcare issue and more a matter of health policy and legislation than for criminal justice. We will confine our remarks to current criminal justice law and any subsequent amendments that would be needed. It would be much more appropriate for others, including the Department of Health, to comment on the medical ethics and end-of-life care issues.
Regarding the criminal offence, it is very hard to say what exactly would be a criminal offence or not in any particular circumstance. That matter would be argued in court. It would be very hard to see a prosecution taken against somebody who sat on an aeroplane next to another person. I would speculate that would not fall within the law but it would absolutely be a matter for the specific case and exactly what happened. I cannot give a definitive answer. The offence is reasonably broad but that does not mean it would capture sitting on an aeroplane next to somebody in order to accompany that person. It would depend on the specifics of the case.
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