Oireachtas Joint and Select Committees

Tuesday, 5 December 2023

Joint Oireachtas Committee on Assisted Dying

Protecting Vulnerable People: Discussion

Photo of Rónán MullenRónán Mullen (Independent)
Link to this: Individually | In context | Oireachtas source

I might just address a question to Dr. Hartney and Dr. McDonagh very briefly. I think there was a tension between what the Irish Human Rights and Equality Commission, IHREC, had to say and what the NDA is telling us. Representatives from IHREC came in here and said that whatever we do, it should not be on grounds of disability. I sense a different position from Dr. Hartney, whereby the NDA is saying that whatever is available must be available even if the person, who would otherwise qualify, has a disability. She is saying there must be strict equality. She also warns against the possibility that the absence of the necessary supports for autonomous and dignified living could become a source of pressure or coercion for disabled people to see assisted death as a viable option. There is the possibility, of course, that people could bring discrimination-based cases on the ground that if it is available for somebody who is terminally ill, why not for somebody whose perception of their own long-term disability means that they do not want to go on living either.

Given that the NDA is not a representative body, it actually is in a position to make a recommendation on the basis of its own analysis of policy. If we stay as we currently are in terms of the level of supports that are available, should this be legalised, having regard to the NDA's particular concern for the needs of people with disabilities? On the basis of the current medical-economic set-up in terms of what is and is not available for people in various situations of vulnerability, if we cannot be guaranteed of any change in that would the NDA recommend a change in the law? I address the same question to Dr. McDonagh.