Dáil debates

Wednesday, 29 May 2013

11:00 am

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael) | Oireachtas source

By any standards this is an extraordinary case involving an extraordinary woman. If the House were asked to find words to describe adequately the impeccable courage, dignity and compassion of Ms Fleming, it would probably be rendered mute. When we speak about this particular case, we speak about life and death, but also about compassion, love and commitment, and the commitment of her partner and family are there for all to see. What we, as the people of the country, have seen in this is something rare and privileged. It is not for me or anybody else to intrude on the privacy of this family forced by appalling circumstances to share their distress with the public.

The court made its decision on 29 April and acknowledged the hugely distressing circumstances. It held the Constitution does not contain either a right to commit suicide or to arrange for the ending of one's life at a time of one's choosing. The court held further that the prohibition on assisted suicide was neither discriminatory nor contrary to the European Convention on Human Rights. The court made it clear that nothing in its judgment should be taken as implying necessarily that it would not be open for the State to legislate for assisted suicide where the Oireachtas is satisfied that measures with appropriate safeguards might be introduced. This is not the same as stating the Oireachtas should legislate to provide for assisted suicide. As a consequence of the judgment, the offence of assisting another to take his or her life remains in place. Such an offence is necessary to safeguard the lives of individuals who are nearing end of life and who therefore might be at risk or vulnerable. Deputy Halligan made comments to me yesterday and I understand the grief of this extraordinary woman and the commitment of her partner and family, but it is not open to me to give him the commitment he seeks.

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