Oireachtas Joint and Select Committees
Tuesday, 20 June 2023
Joint Oireachtas Committee on Assisted Dying
Assisted Dying and the Constitution: Discussion
Rónán Mullen (Independent)
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I should have brought my copy of Bunreacht na hÉireann in with me. Even though we are all on the public record, I am going to hazard a guess that it is half of the Seanad and one third of the Dáil asking the President to put legislation to the people, for a determination, as far as I know. We will come back to that, if necessary.
On the subject of liberal and conservative, I was intrigued by Deputy Lahart's engagement with Dr. Hickey. I think it was Pope John XXIII who said that he was glad he was not a liberal in his youth so that he was not then a conservative in his old age. Maybe there is a surprise in all of us.
More seriously, I may have misunderstood her but I think Dr. Mulligan said that there was not a model out there for an assisted dying regime where a person lacked capacity. Maybe I misunderstood her but I have a recollection of a case in the Netherlands which involved a lady who had dementia. There was a murder trial and there was a question as to whether she was submitted to euthanasia against her will. It appeared there was some gesticulation of objection but she had indicated a prior wish. I think, if I recall correctly, the court held that it was possible, even though she could not express her view in the present, where certain other conditions were met. There might have been a change in that area in the Netherlands.