Written answers
Tuesday, 19 June 2018
Department of Justice and Equality
Assisted Suicide
Mattie McGrath (Tipperary, Independent)
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268. To ask the Tánaiste and Minister for Justice and Equality if he has reviewed or plans to review the prohibition of euthanasia, assisted dying and physician assisted suicide; and if he will make a statement on the matter. [26849/18]
Charles Flanagan (Laois, Fine Gael)
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The practice or act of euthanasia, insofar as it involves assisted suicide, is illegal in Ireland. It is an offence, under section 2(2) of the Criminal Law (Suicide) Act 1993, to assist another person in taking his or her life. The offence was created in order to safeguard the lives of persons who are nearing the end of their lives and might be vulnerable or at risk of abuse. Prosecutions under section 2(2) of the 1993 Act are at the sole discretion of the Director of Public Prosecutions. The 1993 Act provides for a maximum penalty of 14 years imprisonment on conviction on indictment for assisted suicide. The Supreme Court upheld the constitutionality of section 2(2) in its judgment in Fleming v Ireland and Others on 29 April 2013, and I currently have no plans to review this provision.
Aside from the legal position in criminal law on assisted suicide, euthanasia by its nature also involves health, medical and ethical considerations, matters on which the Department of Health would have a substantive policy role.
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