Oireachtas Joint and Select Committees

Tuesday, 20 June 2023

Joint Oireachtas Committee on Assisted Dying

Assisted Dying and the Constitution: Discussion

Dr. Tom Hickey:

That is a really interesting question. The answer to both questions is the same: what does the obligation to vindicate life mean? What implications does it have, constitutionally speaking? I would say that it means you have to take it seriously. People obviously have different perspectives in the world, in our society and in our Parliament, which is appropriate. What Parliament has to do is take the matter seriously and come up with a regime.

The courts will then say that the issue was taken seriously and they can defer presumption of constitutionality. That is the answer to the question from the standpoint of the Constitution.

The Senator's second question was about whether the Oireachtas will be able to come up with a regime or if it is simply too complicated. It is difficult to answer that without getting into my own views. As a constitutional lawyer, I would say that it is possible to come up with a position. As a person with views, I would say it is going to be extremely difficult in practice.