Oireachtas Joint and Select Committees

Tuesday, 4 July 2023

Joint Oireachtas Committee on Assisted Dying

Legal Protections and Sanctions: Discussion

Photo of Rónán MullenRónán Mullen (Independent)
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I again thank our three witnesses again. I addressed many of my previous comments to Dr. Mills, so now I will focus on directing my queries to Mr. Kelly and Professor Huxtable, if I have time. Starting with Mr. Kelly, he used the phrase "very niche and narrow" a couple of times. Am I right in saying that some would say that what has happened in Canada is that we have seen a cascading effect? Mr. Kelly is telling us this will not happen in Ireland because in Canada this arose because it was found that a prohibition was unconstitutional to some extent, whereas in Ireland it is constitutional. Is this his only basis for saying that we could not have this expansion in Ireland? We have come up against, on the one hand, and not just in this session, reassurances that the courts are very deferential to the Oireachtas, and then, on the other, we soon tend to hear the exact opposite, which is that the courts might find that what we have done is problematic. In the Fleming case in the Supreme Court, it was clear from the language used as well. What is it, then, that Mr. Kelly is saying is very niche and narrow? Is it the scope for the Oireachtas to legislate in this area?