Oireachtas Joint and Select Committees

Tuesday, 4 July 2023

Joint Oireachtas Committee on Assisted Dying

Legal Protections and Sanctions: Discussion

Photo of Fiona O'LoughlinFiona O'Loughlin (Fianna Fail)
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I thank the witnesses. They have outlined complex areas. Given the short period for asking questions, I will pose a question to each of them.

My first question is for Dr. Mills, who spoke about the Fleming case and the fact the Supreme Court recognised that this is a very complex social issue. There is no doubt that legislation brought into being by these Houses sends a message no matter what. An assisted dying law, no matter how well intentioned, could possibly alter society's attitude towards those who are ill and dying and those who may not have the capacity to make the decision for themselves. It may send a subliminal message that assisted dying is an option people might have to consider. There may be a normalisation of it. This has to be a concern. All of the witnesses spoke about an adequate balance with regard to the safeguards that would be put in place. These would be very important. Of course, safeguards are about what happens in an ideal world. Monitoring would be very important and there is an acceptance that monitoring is carried out in a different way in each jurisdiction where this has been introduced.

Mr. Kelly spoke about those working in health professions and the possibility of them having a right to conscientious objection, which I think is the correct way to go. Would he be in favour of conscientious objectors having an obligation to refer patients to another health practitioner who does not have a conscientious objection? If this is the case could we have a similar situation as we do with the abortion laws, whereby there may not be somebody willing to help in some parts of the country? Mr. Kelly also mentioned having group of elite medical practitioners for whom this would be their sole purpose and focus.