Dr. Simon Mills:

I do not have much to add to what Professor Huxtable said on the issue of sanctions. That is correct. The sanction to apply will have to be proportionate to the wrong that is being alleged. Certainly, the way in which the New Zealand legislation is framed is that it remains the case that to bring about the death of a person otherwise than in compliance with the legislation is homicide. If people fail to follow procedural requirements for record-keeping and matters other than the causing of death there are lesser penalties of fines equivalent to approximately €5,000 and imprisonment for up to either three or six months, I cannot remember which.

Deputy Farrell raised the issue of a person with a neurodegenerative condition. If that is a terminal illness and if it was decided that terminal illnesses would be covered by the legislation, then it would be covered. If what the Deputy is saying is that if that person comes to lack capacity, then one of the issues, and we may not have time to deal with now but we might deal with it in a second round, is the question of whether a decision made prior to the person becoming terminally ill should be binding if the person wishes to activate it. Perhaps that is something we can speak about later.