Mr. Finn Keyes:

I thank Deputy Costello. On the consent issue, the answer is "Yes". I believe that a change in the law providing for assisted dying will necessarily displace that common law position, as Dr. Campbell said, in relation to being seriously harmed or to being killed. In an abundance of caution one could amend section 3 of the Non-Fatal Offences against the Person Act to specify. That would probably be an abundance of caution. That is the answer to that.

The second question is more complicated, at least as far as it is directed to me. It is more complicated with regard to advance healthcare directives. Advance healthcare directives only apply for as long as the person lacks capacity. Once he or she regains capacity then it is essentially rendered moot. If a person does not have capacity, then yes the advance healthcare directive made when the person may have had capacity, does presumptively override what they are saying when they lack capacity. In terms of how that operates, under the Act a person is appointed called an advance healthcare designate or delegate. This is the person one appoints to essentially interpret the advance healthcare directive and to apply it on your behalf. That person would be the person applying it and trying to determine a balance between the person's current stated wishes and what the person has said before.

If one was to get into a later stage and look at decisions related to end of life, one would go to the High Court. The High Court retains jurisdiction relating to end-of-life matters under the Assisted Decision-Making (Capacity) Act and all the rest comes under the Circuit Court.

At that stage, the court is required to have regard to the advanced healthcare directive, AHD. I do not want to speak too directly but I think the court would be able to override it. However, the court is supposed to give high deference to the AHD because consent given with capacity is the high-water mark here. Insofar as the person has, at a certain point, with capacity, made the decision, that should be given the highest amount of respect and that should be the position adhered to as far as is possible. I hope that is of assistance.