Dr. Aideen Hartney:

I thank the Deputy. I agree that the legislation would need to be robust and robust safeguards would be required. Where I feel the situation is a little more nuanced is that an entire cohort might be excluded on the grounds of a disability or their age. The capacity question, as Dr. McDonagh so ably demonstrated, must address a situation where somebody with a disability has a terminal illness and, therefore, wishes to avail of assisted dying. Just because such a person has a disability should not mean he or she is excluded from that option. The legislation should be putting up guard rails and safeguards in respect of the reasons for wishing for assisted dying. They must be tangible or demonstrable and kept in the medical arena. A terminal illness is what most other jurisdictions are about, rather than some of those societal barriers where people feels life is not worth living because they do not have access to the services or supports they need. That is where the legislation would need to be careful.

The question presupposes that assisted dying will be introduced and the National Disability Authority, NDA, is not taking a position in that regard in its input to this committee. We can only offer the research on the barriers that apply at the moment and how they might be perceived by people as reasons for opting for assisted dying.