Oireachtas Joint and Select Committees

Tuesday, 27 June 2023

Joint Oireachtas Committee on Assisted Dying

Consent and Capacity: Discussion

Dr. Louise Campbell:

I have not read every single piece of literature that is available in English on this. Oregon, like other jurisdictions in which assisted dying is legal, produces annual reports that provide figures, including general demographic data. They are not very long compared with the case of the Netherlands. I do not know if Deputy Kenny has had a chance to look at these. The regional euthanasia review committees in the Netherlands prepare extremely detailed reports in four languages. They give examples of cases that fall under the three criteria of straightforward, non-straightforward, and not meeting due care. Those are the three categories of cases. The third category obviously relates to the most serious cases. One of these cases came before the courts in the Netherlands a couple of years ago. What Oregon does not do and what the Netherlands does very well is outline in detail what is worrisome about the non-straightforward cases and why they are not straightforward. Maybe they did not meet procedural due care criteria or maybe they did not meet the substantive due care criteria. One of the substantive due care criteria is ensuring there are no external influences or internal limitations on the person who is making the decision. Internal limitations may include borderline capacity or worries about capacity. There should also be no external influence.