Lynn Ruane (Independent) | Oireachtas source

Something very interesting was said about safeguards in response to Deputy Higgins. It concerned how many safeguards already exist. There definitely needs to be a recommendation on behalf of the committee or a recommendation to the Government on all the other relevant legislation, including on decision-making capacity. As the safeguarding legislation is awaited, maybe there is something in this regard that needs to be examined. All of these aspects, including the ratification of the UNCRPD, are important. The statement on coming up with safeguards clarified things for me a little. I am referring to asking where safeguards already exist and where they can apply.

My question is mainly for Dr. Twomey and Dr. Ní Bhriain. Even though they cannot come here and say they support or do not support legislation and must be neutral, there is a missed opportunity. I realise the Department is not being asked to carry out anything because the policy has not been given to it yet, but this is the largest conversation that has been had on assisted dying and the recommendations of this committee could potentially determine what the heads of the Bill will look like. Therefore, there is a missed opportunity in terms of experts determining what should be in the legislation. The witnesses have said they will engage during pre-legislative scrutiny but maybe that will be too late to impart their expertise as clinicians or experts on palliative care. I am not asking them to support a position. When I worked in the addiction sector, I was able to examine policy or what was being presented to me, perhaps with a different idea from others on what should happen, and say such a model would be preferred from a harm-reduction perspective if it were introduced. The witnesses, having examined the various models abroad, should be able to say that if a certain one, such as that in New Zealand or Oregon, is being considered for introduction, it should be examined more closely with additional safeguards. In saying this, I am not saying the officials should take a position. From an expert perspective, the committee has to make recommendations on models, but it would be best for it to have clinicians with wide experience, such as those present, saying what the best one would be, if introduced, but saying so would not be to say the committee should legislate in this area. The witnesses have to inform what this committee suggests. Otherwise, why have this conversation in the first place?