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Joint Oireachtas Committee on Assisted Dying: Assisted Dying and the Constitution: Discussion (20 Jun 2023)

Rónán Mullen: I should have brought my copy of Bunreacht na hÉireann in with me. Even though we are all on the public record, I am going to hazard a guess that it is half of the Seanad and one third of the Dáil asking the President to put legislation to the people, for a determination, as far as I know. We will come back to that, if necessary. On the subject of liberal and conservative, I...

Joint Oireachtas Committee on Assisted Dying: Assisted Dying and the Constitution: Discussion (20 Jun 2023)

Rónán Mullen: Finally, I have question for Dr. Casey. If I understand him correctly, Dr. Casey is saying that in the Supreme Court judgment in the Fleming case, the court was not saying that the Oireachtas does not have the right to legislate, but is it Dr. Casey's view that the court did not say that we do have the right either? Looking at the High Court judgment where the court goes through its list of...

Seanad: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Second Stage (13 Jun 2023)

Rónán Mullen: I congratulate the Minister on her return and on the joy that led to her absence. I want to quote something for the Minister: "I believe my new Hate Crime and Hate Speech Bill will contribute in a very real way to allowing everybody in Ireland to live without fear, to live the most authentic version of themselves." That is something the Minister tweeted on the day she introduced this Bill in...

Seanad: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Second Stage (13 Jun 2023)

Rónán Mullen: No, I certainly will not. The Minister said the Bill is about tackling extreme forms of hate. Her officials seek to reassure the public. It is not. The Bill is about tackling anything understood as hate, be it mild or extreme. On pages five and six of the Minister's speech she seeks to reassure us by reiterating that the Bill has been drafted to criminalise only the extreme form. The...

Seanad: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Second Stage (13 Jun 2023)

Rónán Mullen: The Senator will not be cancelled until she has spoken for at least a minute.

Seanad: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Second Stage (13 Jun 2023)

Rónán Mullen: It was getting good.

Joint Oireachtas Committee on Assisted Dying: Assisted Dying, Legal and Constitutional Context: Discussion (13 Jun 2023)

Rónán Mullen: I welcome the witnesses and I agree with what the others have said. This is an issue of profound importance. Even the decision to discuss this issue is interpreted in different ways by people. Sometimes it takes courage to change the law, and sometimes it takes courage not to change the law. There are people who see this issue very much in terms of human autonomy and vindicating people's...

Joint Oireachtas Committee on Assisted Dying: Assisted Dying, Legal and Constitutional Context: Discussion (13 Jun 2023)

Rónán Mullen: I am just conscious of the time. I am trying to get to the question of whether, given the fact that the word "right" is used, it is thought that there is some kind of right to suicide that someone might interfere with by preventing the suicide. In the case of the more direct act of euthanasia where a person would end someone's life at the latter's request, what law would be broken? Would...

Joint Oireachtas Committee on Assisted Dying: Assisted Dying, Legal and Constitutional Context: Discussion (13 Jun 2023)

Rónán Mullen: No. I meant a right to suicide. Is there a non-constitutional right to suicide?

Joint Oireachtas Committee on Assisted Dying: Assisted Dying, Legal and Constitutional Context: Discussion (13 Jun 2023)

Rónán Mullen: Do I interfere with someone's right if I prevent him or her from committing suicide? I know this is a delicate area but this is what we have to do.

Joint Oireachtas Committee on Assisted Dying: Assisted Dying, Legal and Constitutional Context: Discussion (13 Jun 2023)

Rónán Mullen: Have I time to ask a further question?

Joint Oireachtas Committee on Assisted Dying: Assisted Dying, Legal and Constitutional Context: Discussion (13 Jun 2023)

Rónán Mullen: I wish to ask something so that I understand the matter correctly. Ms Gibney is not telling us what to do – as she stated, it is our job to decide – but does she recommend a change in the law in this area?

Joint Oireachtas Committee on Assisted Dying: Assisted Dying, Legal and Constitutional Context: Discussion (13 Jun 2023)

Rónán Mullen: Regarding equality, the commission is saying that disability on its own terms should be excluded as grounds for whatever happens, that is, assisted dying should not be available solely on grounds of disability. If so, would that not raise equality issues were it to be legalised for some categories of people but not for others?

Joint Oireachtas Committee on Assisted Dying: Assisted Dying, Legal and Constitutional Context: Discussion (13 Jun 2023)

Rónán Mullen: I want to return to some of the issues that have been raised and perhaps the witnesses will come in on them. My first question is for Ms Woods from the Department of Justice. My impression from a long time back is that when the law was changed on suicide in some ways it was about trying to alleviate the pain and suffering of families and to deal with the stigma in that area without, at the...

Joint Oireachtas Committee on Assisted Dying: Assisted Dying, Legal and Constitutional Context: Discussion (13 Jun 2023)

Rónán Mullen: Ms Gibney said we may well come to the point where we make a recommendation to change the law. I do not wish to put words in her mouth, but she does not seem to say we may come to a point where the commission recommends against change.

Joint Oireachtas Committee on Assisted Dying: Assisted Dying, Legal and Constitutional Context: Discussion (13 Jun 2023)

Rónán Mullen: Or not?

Joint Oireachtas Committee on Assisted Dying: Assisted Dying, Legal and Constitutional Context: Discussion (13 Jun 2023)

Rónán Mullen: Absolutely. If the commission got to the point where it recommended a change in the law, the equality issues I raised just now would come very much to the fore. It is entirely for Ms Gibney to recommend a change or not to do so. However, were she to recommend a change, it seems those equality issues would be very much in play.

Joint Oireachtas Committee on Assisted Dying: Assisted Dying, Legal and Constitutional Context: Discussion (13 Jun 2023)

Rónán Mullen: May I get an answer to the other question at some point? It may not be now.

Joint Oireachtas Committee on Assisted Dying: Assisted Dying, Legal and Constitutional Context: Discussion (13 Jun 2023)

Rónán Mullen: I am sorry to interrupt. Is now the time for me to ask for an answer to the first of the supplementary questions I asked?

Joint Oireachtas Committee on Assisted Dying: Assisted Dying, Legal and Constitutional Context: Discussion (13 Jun 2023)

Rónán Mullen: I do not have anything further to say except that I had asked a question about-----

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