Gino Kenny (Dublin Mid West, People Before Profit Alliance)
Link to this: Individually | In context | Oireachtas source

I thank the witnesses for their engagement in what has been a great discussion. I refer to Mr. Kelly's opening statement. It is important to talk about incrementalism because it is an important element of our consideration of provision for assisted dying. It is a fallacious argument to say that if A is introduced, B and C will follow. Where assisted dying has been introduced, including in the United States, Australia and New Zealand, the remit of that legislation has generally been basically static. In the Benelux countries, provision has become more liberal, which is a matter for debate. It is important to note there are regimes where provision has remained static. There is a narrative, which almost trivialises the issue of assisted dying, that if someone with a terminal diagnosis who is coming to the end of life avails of assisted dying, then somebody with a condition other than a terminal illness can say: "If they can get it, why cannot I?" That trivialises the whole issue. It is important that Mr. Kelly mentioned that point.

On conscientious objection, my understanding of legislation on abortion is that if a doctor conscientiously objects to somebody availing of a termination, that doctor can refer the person to another doctor. That is my understanding of the current law. There are parallels there with what we are discussing.

Going back to the point raised regarding a slippery slope, there is a certain element of fearmongering in this. We have seen that happening in respect of many social issues over the past 20 years, including marriage equality, abortion and divorce, with the argument being made that if something is implemented, then things will fall apart. Generally, that has not happened. Where legislation is introduced, it can be reviewed over time. That is part and parcel of the legislative process.

I understand Dr. Mills was close to the Marie Fleming case. This committee is trying to ascertain whether assisted dying can be legislated for in an Irish context, having regard to safeguards and all the criteria of international experience. If that is possible, we have to thrash out what the remit of the legislation should be. As part of that, we must look at different models. The models I would look to are those in New Zealand and Oregon. Provision is time-limited, with people with a terminal diagnosis having the ability to avail of assisted dying. If we are to legislate for assisted dying, that should be the model we choose.

What are the witnesses' views on conscientious objection and how assisted dying can be legislated for in an Irish context?