Oireachtas Joint and Select Committees

Tuesday, 20 June 2023

Joint Oireachtas Committee on Assisted Dying

Assisted Dying and the Constitution: Discussion

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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There was reference to frameworks. Obviously, frameworks in different jurisdictions have different models of assisted dying. Some of them are a little more liberal than others. I would take the New Zealand framework as a template. It brought in assisted dying by popular referendum. I refer to the criteria and the definition of those who can avail of assisted dying. In most countries where assisted dying has been regulated, the definition of those who can avail of it is persons who have less than six months to live. That is defined by a number of doctors. In those circumstances, the majority of people may avail of assisted dying if they meet the criteria. There are those who do not avail of assisted dying but it gives people comfort to have that option if their end of life becomes very complicated. That is a fundamental point. Different jurisdictions have different interpretations. In the Irish context, using the New Zealand template would work. It is up to legislators to do that. Obviously, we can hear the voices of legislators and those in the legal and medical professions but the most fundamental voice in this debate is that of those who are in circumstances where they could and may wish to avail of assisted dying. That is the most important voice in this debate. Some of those in that situation may not want to avail of assisted dying . Actually, the majority of people never want to avail of it but there are those who will and that is a fundamental right. Those are my observations in an Irish context.

My next question relates to a hypothetical situation. If we, as legislators, cannot decide to legislate for assisted dying, are there parameters in a constitutional context to hold an indicative referendum, similar to what happened in New Zealand, where there was a referendum and the people were asked whether they favoured assisted dying - "Yes" or "No". In New Zealand, 67% voted "Yes". As legislators, we would then legislate. Are there any parameters for that to happen in an Irish context?