Oireachtas Joint and Select Committees

Tuesday, 27 June 2023

Joint Oireachtas Committee on Assisted Dying

Consent and Capacity: Discussion

Mr. Finn Keyes:

In terms of Senator Ruane's first question, she is right to emphasise the distinction between decision-making capacity, as we have been talking about today, and physical capacity. They are two distinct things. In terms of the point she raises, what happens where a person has the capacity to make a decision to end their life, but does not possess the physical capacity to carry it out? That is obviously the key quandary in this area, which is whether we are entitled to help that person reach their own autonomous decision, and to give them the physical assistance to aid them, which was of course the case with Marie Fleming.

In terms of Senator Ruane's question about whether we could provide for a more simple solution to allow a family member to assist a person with a cup or whatever, once there is an external actor assisting a person, that triggers the need for safeguards. That is where we need to have a robust process to make sure there is not undue influence and so forth. In my view, even slight assistance triggers a need for safeguards.

In terms of Senator Ruane's second question on terminal illness, I do not think I have the medical expertise to answer that.