Oireachtas Joint and Select Committees
Tuesday, 14 November 2023
Joint Oireachtas Committee on Assisted Dying
Protecting Vulnerable Individuals from Coercion: Discussion
Dr. Anita Ambikapathy:
Even in cases where there is legislation for which a psychiatrist is needed, much of that legislation for psychiatrists is for capacity only, that the person has the knowledge and the wherewithal to make the decision that is personal to them. It is not that they have mental illness at all. The psychiatrist is not there for a diagnosis of mental illness or to look at the biopsychosocial or any other therapeutic intervention. The psychiatrist is there to judge capacity only. Even then, we know that can go from two to three or four different opinions. That is the dilemma. Even talking about a group that has vulnerability because of their mental illness, proving the other side is proving to be quite complex in all jurisdictions that we have seen. There is no clear answer to that question.