I move amendment No. 1:
To delete all words after “That” and substitute the following:
“Dáil Éireann:
— acknowledges that assisted suicide is a very complex issue which gives rise to medical, ethical and moral issues, as well as criminal justice and constitutional issues;
— acknowledges the sincere and humanitarian objectives of the Dying with Dignity Bill 2020 to minimise human suffering and distress at the end of life;
— acknowledges the vital public interest in protecting persons who are nearing the end of their lives and who might be vulnerable and at risk of abuse;
— notes that the Supreme Court has found 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, and that the prohibition on assisted suicide was not discriminatory and was not contrary to the European Convention on Human Rights;
— resolves that the Bill be deemed to be read a second time this day twelve months, to allow for scrutiny between now and then by a specially established Oireachtas Joint Committee in order to consider submissions and hold hearings that have regard in particular to:
— consideration of the medical, ethical and moral issues, as well as criminal justice and constitutional issues which arise;
— examination of the issues identified by the High Court in relation to developing and policing safeguards, which are needed to ensure that a qualifying person is not subjected to any pressure by any third parties;
— consideration of how unintended consequences that create any adverse impact on vulnerable persons could be avoided;
— consideration of the safeguards found in the regulatory regimes prevailing in jurisdictions such as Switzerland, the Netherlands and certain US states, such as Washington and Oregon, which have legislated in this area;
— consideration of what role or what legal rights a family member should have in the process and what role the legal profession or those with a function under law in supporting decision-making or making decisions on a person’s behalf should have in relation to the process; and
— consideration of any issues of a constitutional nature that might arise; and
— fully discuss and explore other practical issues and consequences that may arise as a result of the proposals, and for the Oireachtas Joint Committee duly established to publish a report setting out its recommendations, to be considered further by this House."
I thank Deputy Gino Kenny for bringing forward this legislation. I acknowledge it reflects a sincere and humanitarian objective to minimise suffering and distress at the end of life. We all know someone who has died in this way, in distress and pain, and we would not wish for ourselves or for anybody else. No matter what way we look at it, assisting someone to die is a very complex issue, medically, ethically and morally. It also gives rise to criminal justice and constitutional issues. Consideration also needs to be given to the vital public interest in protecting persons who are nearing the end of their lives and who might be vulnerable and at risk of abuse. I do not suggest this applies in every case. In legislating for the complex issue, Ireland would become one of only a small number of countries in the world to legislate for assisted dying. We are not currently an outlier in this regard.
In my speech this evening, I will deal with a number of issues, including the existing law in this country, the changes proposed in this Bill, the issue of safeguards and the Government amendment and the merits of detailed consideration by a special Oireachtas committee and the need for a wider public debate on this issue. On the existing law, it is an offence under the Criminal Law (Suicide) Act 1993 to assist another person in taking his or her life. Prosecution of the offence can result in a term of imprisonment of up to 14 years. The constitutionality of the legislation was upheld by the Supreme Court in its judgment in the Marie Fleming case on 29 April 2013. The court held - I am using its language - 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. The courts have said that while it is open to the Oireachtas to legislate in this area, it would be a matter for the courts to consider if whatever the Oireachtas may propose, if it proposes change at all, is constitutionally permissible.
The Private Members' Bill before us would decriminalise, subject to certain conditions and safeguards, assisting the death of a terminally ill person. As Deputy Kenny outlined, the Bill provides a number of safeguards, including that the process is medically-led and that the person must be terminally ill. That is why we have a joint response this evening from the Departments of Justice and Equality and Health.
In terms of the safeguards, it is clear that if the House is to legislate in this area, the competing interests of the individual will have to be balanced with the wider public interest in safeguarding people who are nearing the end of their lives and who might be vulnerable and at risk of abuse. The High Court has made a number of comments in relation to the development and policing of safeguards. The court held:
But such might well be the unintended effect of such a change, specifically because of the inability of even the most rigorous system of legislative checks and balances to ensure, in particular, that the aged, the disabled, the poor, the unwanted, the rejected, the lonely, the impulsive, the financially compromised and the emotionally vulnerable would not disguise their own personal preferences and elect to hasten death so as to avoid a sense of being a burden on family and society. The safeguards built into any liberalised system would, furthermore, be vulnerable to laxity and complacency and might well prove difficult or even impossible to police adequately.
There is a vital public interest in protecting vulnerable persons, which all Members wish to ensure, and it is important that the Oireachtas takes its time to consider the proposed law and safeguards.
In terms of the next steps, the timed amendment I am proposing to the motion proposes that we take the necessary time to consider what are complex issues. It would mean that the Bill would be read a Second Time 12 months hence - this is not an attempt to delay - and that a special joint Oireachtas committee would be established to consider this matter in detail. This committee would be established very soon. Among the issues the special committee would be asked to consider, and this is not conclusive, would be: the medical, ethical and moral issues, as well as criminal justice and constitutional issues which arise; the issues identified by the High Court regarding developing and policing safeguards, which are needed to ensure that a qualifying person is not subjected to any pressure by any third parties; how unintended consequences that create any adverse impact on vulnerable persons could be avoided; the safeguards found in the regulatory regimes prevailing in jurisdictions such as Switzerland, the Netherlands and certain US states, such as Washington and Oregon, which have legislated in this area; what role or legal rights a family member should or could have in the process; and what role the legal profession or those with a function under law in supporting decision-making or making decisions on a person's behalf should have in the process.
The Oireachtas justice and equality committee of the previous Dáil examined the issue of assisted dying, but I understand it did not go into the detail that we would like. While it did not come to a conclusion on whether legislative change is required, it raised a number of questions which need to be answered if change is to be considered. I hope that the new special Oireachtas committee, if approved, will take up these questions. The new committee would report back to this House within 12 months with recommendations. The subject of assisted dying is complex and cannot be rushed. A special Oireachtas committee is best placed to ensure that there is full consideration of the issues which arise in this Bill. That is why I ask Deputies to support the countermotion I am proposing. It will also give all Members, as well as the general public, the time to consider the fundamental questions and detail of what is being proposed.
On the Bill specifically, there are a number of legal and technical issues which require much greater consideration. These include the implications the law would have for other countries which could regard such assistance as on offence, notwithstanding that it takes place outside of their territories. While the legislation allows for conscientious objection, many doctors would equally have an objection to an imposed duty to transfer and enable the death of a patient. That section, if enacted, would be likely to be the subject of legal challenge. We have other concerns as well.
The question being asked of the House in this Bill could not be of more fundamental importance. It is asking us to consider whether we should legislate to allow some of our citizens who have a terminal illnesses to choose to end their lives. The past decade has seen this country make a series significant social changes in a relatively short period. We do not need to recount the old arguments today, but on every occasion each of us took positions which were sincerely held and honestly argued. However, the decisions we made, from that relating to the Protection of Life During Pregnancy Act to those in respect of the referendums to usher in marriage equality and repeal the eighth amendment, followed years of debate. Once again, debate on a profound social issue cannot be confined to the Chambers and committee rooms of the Oireachtas. Deputy Gino Kenny's Bill, and the Government's countermotion establishing an Oireachtas committee, will hopefully lead to a wider public debate on the merits, consequences and implications of assisted dying.
Furthermore, each side of the debate must try to respect the opposite point of view. Those who will argue for assisted dying must respect people who feel that it devalues other lives, such as those of our citizens who have life limiting conditions. Opposition to assisted dying must also acknowledge that advocates for change are motivated by compassion and care for their fellow citizens. I refer to Michael Nugent. Mr. Nugent came before the Oireachtas justice and equality committee of the previous Oireachtas to speak about his late wife Anne, who had medication available to her which would have ended her life. He said:
Anne died naturally, as do most people who make these preparations. It is not about the act of dying, it is about the peace of mind one has while one is still alive of knowing one can avoid unnecessary suffering if one has to.
There are deeply held views and worries on both sides. As we open the debate this evening, I ask that mutual respect is maintained in the Oireachtas and across the country generally.