Carol Nolan (Laois-Offaly, Independent)
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599. To ask the Tánaiste and Minister for Justice and Equality her plans to amend the law on assisted dying or assisted suicide or physician-assisted suicide; and if she will make a statement on the matter. [23806/20]

Helen McEntee (Meath East, Fine Gael)
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As the Deputy will appreciate, the issue raised involves a range of health, medical and ethical considerations, which are matters where the Department of Health would have a substantive policy role.

The legal position in relation to assisted suicide is that 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 individuals who are nearing the end of their lives and who might be vulnerable or at risk of abuse. Prosecution of the offence, which can result in a term of imprisonment of up to 14 years, is at the sole discretion of the Director of Public Prosecutions (DPP).

The constitutionality of the legislation was upheld by the Supreme Court in its judgment in Fleming v Ireland and Others delivered on 29 April 2013. While acknowledging the very distressing situation of Ms. Fleming, 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 also found that the prohibition on assisted suicide was not discriminatory and was not contrary to the European Convention on Human Rights. As a consequence of the judgment, the offence of assisting another to take his or her life remains in place.

The Deputy may also wish to note that the Oireachtas Joint Committee on Justice and Equality, in June 2018, published a Report on the Right to Die with Dignity. The Committee made a number of recommendations, including that the Houses of the Oireachtas consider referring the issue to the Citizens’ Assembly for deliberation.

I understand that proposals in relation to this issue may come before the House shortly, and this would be an opportunity for Deputies to consider and debate this important and sensitive issue.