Alan Farrell (Dublin Fingal, Fine Gael)
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I thank the witnesses for this interesting discussion. Dr. Mulligan spoke about the moral hazard associated with this issue. We have all, in our own way, expressed our concerns in that regard. There has undoubtedly been a cultural shift following the train of thought that been happening over the past 40 or 50 years. There is a fundamental question here regarding what I would determine to be the democratic principle of the Legislature having the right to do whatever it chooses and to pass whatever laws it chooses to pass. It is a matter entirely for the President, the Supreme Court or the Council of State to strike down any such law. That being said, we are a cautious body by nature, with various checks and balances within each of our Houses. Those principles are quite strong in this committee and within the Houses.

Having read the opening statements, I am of the view that the conversation has gone down a road I really did not expect, with questions as to whether we have the right or competence, which was the word used, to legislate in this area. Like Senator Mullen, I firmly respect academic freedoms. However, as a parliamentarian for 12 years and somebody who is involved with the Organization for Security and Co-operation in Europe, which is looking at emerging democracies, particularly the former Soviet republics, those principles of democracy are very strong within me and enshrined within my opinions. For somebody to say the Oireachtas does not have competence is peculiar, to say the least.

The questions that have been asked of us by the Dáil in the context of the Constitution are important and represent the right place to start the conversation. From a legal perspective, one of the questions I have, which I am not sure the witnesses will be able to answer, relates to what other jurisdictions have done and the challenges associated with those important questions on the moral issues, the checks and balances to ensure individuals are not put into a scenario in which they feel they have to make a decision on their right to end their life and the protections put in place to ensure there is no coercion.

However, I am not sure the witnesses are the right individuals for those questions. Given we are now a couple of hours into our debate, Deputy Higgins put a question to Dr. Casey to turn the point he made on its head, which was an important one to make and was the only one I had sought to ask at this stage of the discussion.