AN OIREACHTAS COMMITTEE has recommended that the Government legislate to allow for assisted dying to take place in Ireland in its final report, but a minority report taking the opposite view has been backed by three of its members.
The split in the ranks of the Assisted Dying committee comes down to a fundamental disagreement about the ethics involved, and the State’s ability to safeguard vulnerable people if assisted dying becomes available in this country.
Independent TD Michael Healy-Rae, who has acted as the chair of the committee, has faced criticism from other politicians for backing the minority report which takes the view that assisted dying should not be legislated for, alongside Independent Senator Ronan Mullen, and Fianna Fail TD Robert Troy.
With Leinster House awash with talk of the Taoiseach Leo Varadkar’s resignation today, the final report from the assisted dying committee did not attract much attention.
The Journal was the only publication to attend the launch in person, but multiple reporters were present to hear Mullen and Healy-Rae present their opposing views afterwards.
TD Gino Kenny, who has been a major proponent of assisted dying legislation, acknowledged that today’s big news story took away “some of the shine away” from the committees work.
While politicians on both sides of the divide made time to praise each other, there was head-shaking and eyebrow raising aplenty, and some diverging opinions voiced amongst those who backed the majority report.
What is assisted dying?
This term refers to facilitating someone making the decision to end their own life, mainly in cases where they are living with a health condition that is terminal, and/ or causing them major suffering. This practice is facilitated in countries like Canada and Switzerland.
What does the majority-backed report puts forward?
The Assisted Dying Committee has heard from wide range of professionals, experts, and advocates with a wide range of views.
It has also heard from disabled people, and people with terminal diseases, including a video message from Brendan Clarke, a dad from Westport who passed away with Motor Neuron disease before the date he was meant to appear before the committee.
Clarke, like others, advocated for his right to avail of assisted dying, and he urged the members to “give people a choice”.
The recommendations the committee has made endeavour to do just that, but with a tight set of restrictions on who would be able to use this service, which it envisions being operated by the HSE.
Some of the safeguards the report seeks to see established include making acting contrary to assisted dying laws a criminal offence, allowing for doctors and healthcare workers to conscientiously object to being directly involved with assisted dying, and that palliative care and the operation of assisted dying should be independent of each other, and separately funded.
There is also strict restrictions outlined on who would be eligible to avail of assisted dying. These include an age limit of 18, and rules around in what circumstances living with an illness of medical condition would make someone eligible.
What’s in the minority report?
Mullen, Healy-Rae and former Minister Robert Troy believe that these restrictions do not go far enough, and besides that fundamentally disagree with assisted dying being available to people. Mullen labels the practice as contrary to people’s “human rights”, while Healy-Rae today said it is contrary to his religious beliefs.
Both men also spoke at length about how the Government got the public’s majority wishes wrong on the care and family referendums.
Mullen voiced his view that engaging in political discourse about assisted dying at all may lead “vulnerable” people to feel that their lives are “less valued”.
What is likely to happen next?
It is now up to the Oireachtas to debate the committee’s report, and to then carry out pre-legislative scrutiny, which will be extensive in this case.
TD John Lahart voiced that he thinks a decision on legislating for assisting dying should be put before the public in some form of a vote, because any laws are enacted.
Gino Kenny said that there is no constitutional amendment to be made here, and the only option for a public vote would be a plebiscite.
David Cullinane, Sinn Féin’s health spokesperson, said that this legislation cannot be “rushed”, and that it will in all likelihood fall to the next Government to act on the committee’s recommendations.
Kenny said that some families and advocates who have been involved in advocating for assisted dying legislation are pleased overall with the committee’s recommendations.
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