Stephen Donnelly (Wicklow, Independent)
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649. To ask the Minister for Justice and Equality if he will add the issue of assisted suicide to the legislative agenda, in view of the Supreme Court judgment in the case of a person (details supplied), on the issue of assisted suicide; and if he will make a statement on the matter. [26805/13]

Alan Shatter (Dublin South, Fine Gael)
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The Supreme Court in its judgment in Fleming v Ireland and Others (delivered on 29 April last) upheld the constitutionality of section 2(2) of the Criminal Law (Suicide) Act 1993. Section 2(2) provides for the offence of assisted suicide.

While acknowledging the very distressing situation of the appellant, the Court held that there is no constitutional right to commit suicide or to arrange for the ending of one’s life at a time of one’s choosing. The Court further held that it is not possible to identify a constitutional right for a limited class of persons which in this case would refer to disabled persons suffering severe pain arising from a terminal and degenerative illness, who have the capacity to consent and wish to have the assistance of a third party to end their lives. Submissions to the effect that the prohibition on assisted suicide was discriminatory and contrary to the European Convention on Human Rights were also rejected.

As a consequence of the judgment, the offence of assisting another to take his or her life under section 2(2) remains in place. The DPP's consent is required before a prosecution for this offence may be initiated. On conviction a person is liable to a sentence of imprisonment for a term not exceeding 14 years. The actual sentence imposed, for example in terms of its length and whether it is required to be served in prison or is suspended, is a matter for the sentencing judge having regard to the circumstances of the offence and the offender.

While it is the case that the Court clarified that its judgment should not be interpreted as necessarily implying that it is not open to the Oireachtas to legislate for assisted suicide (assuming appropriate safeguards could be implemented), there are undoubtedly differing views both within and outside the House on whether amending legislation on this matter and, indeed, on euthanasia, would be desirable.

I mention euthanasia as any consideration of decriminalising assisted suicide for the limited class of persons at issue in the proceedings would most likely have to include consideration of how terminally ill persons who are physically unable to take the final step themselves would be facilitated to die at a time of their choosing.

These complex policy questions require an assessment of the competing interests of the individual and the public interest in safeguarding persons who are nearing the end of their lives and who might be vulnerable and at risk of abuse. While no-one could but be moved by the plight of the appellant and persons similarly situated, I am obliged to have regard to the wider public interest, and I am satisfied that section 2(2) as it stands is justified by the need to safeguard persons who are vulnerable and weak. Accordingly, I have no plans to bring forward legislative proposals.