Alan Farrell (Dublin Fingal, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank the witnesses for the fairly comprehensive discussions this morning and afternoon. I have been tuned into proceedings since they started; I was just not physically present. I have found this discussion to be very useful. Perhaps to a certain extent, for me at least, it draws a line under the legal question being pondered by the committee as to whether we can legislate. This is something that has already been set out in Supreme Court decisions but nonetheless it is worth exploring as to whether we can do it. The next question is whether we should.

Two areas I want to focus on are conscientious objection and the sanction associated with non-compliance with any law that might be set out. I will start by referencing Professor Huxtable's remark that life has a self-determined value such that people who are capable of making the relevant choice should be at liberty to determine the timing and manner of their deaths. I broadly agree with that statement, but I find I am exploring aspects of it, for instance, where an individual might be subject to a neurodegenerative condition or where he or she might not necessarily have expressed any opinion, or certainly not a definitive one, on his or her desire to end his or her life. Where would it leave clinicians, families and others if a person's right to a quality of life was compromised either by their condition or by conditions associated with neurodegenerative conditions, which, unfortunately, is often the case.

Several other matters were mentioned by the witnesses. One of those relates to compliance with the conditions set out. A secretary's letter was referenced. Perhaps the witnesses might like to extrapolate on that somewhat. There is also the import of the case of the Scottish nurse Dr. Mills mentioned. Perhaps that is something he might be able to expand upon. I have a simple question; that is, it as simple a question as one can put in this circumstance. Do the witnesses believe that the sanctions associated with, for example, the abortion legislation would be sufficient for the nature of any legislation that might flow from this committee's report and-or the decision of the Cabinet or the Oireachtas? Perhaps each of the witnesses might comment on those points.