Oireachtas Joint and Select Committees

Tuesday, 4 July 2023

Joint Oireachtas Committee on Assisted Dying

Legal Protections and Sanctions: Discussion

Photo of John LahartJohn Lahart (Dublin South West, Fianna Fail)
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I refer to Mr. Kelly’s submission. I will not be asking him to comment on the paragraph I intend to quote from, but I would like Dr. Mills’s and Professor Huxtable’s response to it. The paragraph states:

It would appear that for the purpose of protecting vulnerable persons, and ensuring [competency] and capacity are duly regarded, assisted dying may not be available for those suffering with psychiatric or psychological illnesses and will be reserved only for those suffering with physical illnesses, diseases or disabilities. That is not to be read as implying that physical disorders are more profound than mental-health-related disorders, but it is a consideration which needs to be looked at when ensuring that competence and capacity are central requirements in order to avail of such healthcare. Moreover, the lack of certitude towards our understanding of long term mental health disorders also raises questions as to whether such illnesses can be medically certified as irremediable in nature. [I presume he means resolvable or treatable.] This eligibility distinction also reaffirms the rationale of introducing such healthcare ... This may be perceived as discriminatory, but in the absence of medical certification and the existence of queries surrounding competence and capacity, the safeguards may in effect differentiate between physical and mental illness.

Perhaps Professor Huxtable could respond.