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Gino Kenny 'The time has come to grasp the nettle on assisted dying'

As the Joint Committee on Assisted Dying wraps up its public sittings this week, its vice-chair outlines the work done.

THIS WEEK WILL see the final public meeting of the Joint Committee on Assisted Dying. The committee thereafter will meet in private session to draft a report, submitting its recommendations to the government.

That draft report will be finalised by the 8 March and published on the 20th. The committee commenced in June of last year and deliberated over 20 public meetings. It has heard from a variety of witnesses that have come before the committee. Some of these witnesses presented a neutral position, while others were proponents and opponents of assisted dying.

In the legal, ethical, medical, and international modules that the committee examined members were informed and educated on the complexities of assisted dying. Personally, I have learnt a great deal from the past nine months. Some of the testimony at times was difficult to hear. I am in no doubt that this a complex issue for legislators, the medical profession, and society.

Open discussion

The committee has been important in teasing out and scrutinising the variations of legislative approaches in different countries where assisted dying has been made legal. Countries such as Australia and New Zealand only in recent years have made voluntary assisted dying available to their citizens. We can learn from both countries and others on how to implement assisted dying in a safe and regulated model.

Very legitimate questions have been posed about safeguards and the people who could be eligible to avail of assisted dying. Those safeguards are crucially important, and that importance primarily is the framework of any legislation proposal.

The committee heard from experts from the Benelux countries, the United States, Canada, Australia and New Zealand. The state of Oregon in the US was referenced at the committee. Oregon introduced assisted dying over 20 years ago, and generally, the criteria for eligibility have remained what they were when first introduced.

Personal stories

To understand the issue of assisted dying, we first must understand the common lineage of the very brave individuals who are highlighted through their own personal circumstances. These circumstances were deeply profound and posed a question, not only to themselves and their families but to society in general. Marie Fleming’s landmark Supreme Court case in 2013 and legal judgement have a direct impact on the debate today.

688Marie Fleming_90689843 10/1/2013. Marie Fleming Case. Multiple Sclerosis suffer Marie Flemings and her partner Tom Curran leaving the Four Courts in the High Court in Dublin after she lost her case. Sam Boal Sam Boal

It laid out the foundations that it was permissible for legislators to legislate via the Oireachtas. Others such as Bernadette Ford, Gaynor French, Vicky Phelan and Brendan Clarke have all voiced their support publicly for assisted dying. Both Vicky and Brendan who I got to know in the past number of years have brought a new understanding to the issue.

Vicky Phelan’s public support of the Dignity in Dying Bill in late 2020 was pivotal in the committee’s formation.

As part of its overall report, I believe certain recommendations will not be contentious, like more funding and resources towards hospice and palliative care. As the committee has heard, there are several resource deficits in services for end-of-life care which need to be rectified.

Give them the choice

In principle, I believe the majority of the members of the Joint Oireachtas Committee on Assisted Dying support assisted dying in specific circumstances. My own opinion on these circumstances and eligibility is based on the New Zealand and Australian legislation. Adults who have a progressive, incurable and terminal physical illness, and who have a prognosis of less than six months to live, or advanced terminal illness causing progressive physical deterioration should, if they choose, be able to avail of assisted dying.

This should expand to neurodegenerative conditions with a prognosis of 12 months or less. The person must be able to consent and have full capacity to access voluntary assisted dying, both at the time of initial request and at the time when assisted dying occurs. This will be one of the key recommendations that I personally will submit during the drafting of the report.

Opinion polls in the past number of years clearly indicate that most people in Ireland would support assisted dying, were it legislated for. This has been consistent and shows that public opinion is supportive of changing the law.

When the committee publishes its report in March it will then be up to the government, in this case the Minister for Justice, to give their opinion on how to proceed. There is an issue, however, with the lifetime of this government given that there must be an election in a year’s time.

In conclusion, overall, the Joint Oireachtas Committee on Assisted Dying has brought a better understanding of assisted dying – what it is and what it is not. It has conclusively agreed that this is not a constitutional matter but a matter for the Oireachtas.

It is also important to not conflate other issues with assisted dying. This has proven to be extremely unhelpful and does a disservice to a debate that has for the most part been respectful. I am conscious of the reasons why some in the medical, religious and civic spaces would oppose the introduction of assisted dying.

At the very heart of this debate are those who may find themselves in a situation where they want to die on their own terms. This is a fundamental human right that should be legally and medically possible for those who wish to have a choice to continue with their treatment or not. This is why we must legislate for assisted dying.

Gino Kenny is the People Before Profit TD for Dublin Mid-West and Vice-Chair of the Joint Oireachtas Committee on Assisted Dying.

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    Mute Bazalini
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    Nov 29th 2014, 10:10 AM

    Good luck to her. Hopefully some of the other finalists get a chance to launch their ideas as well

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    Mute Patrick
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    Nov 29th 2014, 7:14 PM

    It must be awkward carrying that big phone.

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    Mute Ignoreland
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    Nov 29th 2014, 10:22 AM

    People tend to use the same GP because patient history is one of the most important diagnostic elements. Will this be a problem for her model?
    It maybe I’ve just been watching too much House…

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    Mute Derek Cregan
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    Nov 29th 2014, 10:39 AM

    Ignoreland…..perhaps the patients history could be put into a database and be accessed by the patient using a P.I.N?

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    Mute Tracey Nally
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    Nov 29th 2014, 12:39 PM

    For a country the size of Ireland, it should be possible to network the whole system. If I have an injury in donegal then it should be possible for them to access my records even though I’m based in the Midlands.
    Email should be a given instead of slow mail when gp’s are writing a referral. Plus text message reminders for out patient appointments.

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    Mute David Burke
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    Nov 29th 2014, 4:49 PM

    It’s more complicated than you would imagine to have digital health records.

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    Mute Lastpost
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    Nov 29th 2014, 10:13 AM

    Way to go girl, good on you great idea

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    Mute Sarah Butler
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    Nov 29th 2014, 10:29 AM

    Well done to her. I hope she focuses on Ireland though, not just Dublin.

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    Mute Kerry Mink
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    Nov 29th 2014, 11:15 AM

    Best idea I’ve heard of since Google! Go girl!

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    Mute Alan Moore
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    Nov 29th 2014, 1:10 PM

    Who gives out these awards? No website, no App, only an idea. This idea will die in the crib. Taxi drivers in UK are trying to make Uber and Halo illegal. Trying to do the same thing in the medical industry (a hugely regulated industry with powerful unions) is stupid. This lady will be eaten for breakfast. Might work in medical areas that are not regulated, like Chinese medicine. Saying “you go girl” without thinking critically about the idea is really patronising to her.

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    Mute Alan Moore
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    Nov 29th 2014, 1:57 PM

    Don’t get me wrong, I wish we lived in a world where this app would be successful. I am no lover of unions and government regulations, but a business has to work in the real world

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    Mute Paudi Onail
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    Nov 29th 2014, 3:22 PM

    i think the idea of the compeition is to win funds to develop,test, launch so those end user products will come. never put the cart before the horse. having an app and a website before having a solid idea with promise never really works, your app and website just sits there doing nothing. i’m sure she has a rough visual prototype, presentation etc of how it works to pitch with.

    having said that, i do see problems with the idea itself. GPs as we all know are expensive, “more business for GPs” – cry me a river, canceled appointments is of no loss to GPs, patients reschedule and in many cases theres a cancel fee. Would it mean triple travel expenses for call out fees? A travel expense in GPs terms could be a taxi fare x 3. There are approx 2million medical and GP-visit cards in use here as well. How does it cater for them, and with regarding travel fees. I don’t think the HSE will pay for it no more than old age free travel covers taxi fares. So, back to private customers. If they can afford it then great then thats her target market. I think the fees involved, how many ‘private users’ will sign up for it and of course access to medical records, data security and release of said data would ideas for the app to overcome.

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    Mute Patrick
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    Nov 29th 2014, 7:15 PM

    @Alan From an acorn can grow a mighty oak. Ideas are everything.

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    Mute Alan Moore
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    Nov 29th 2014, 8:14 PM

    @patrick, ideas and nothing, implementation is everything. Google didn’t come up with the idea of a search engine, Microsoft didn’t come up with the idea of a computer operating system. Implementation is everything

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    Mute Peter McGlynn
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    Nov 29th 2014, 11:18 AM

    We need the same for Doctors. I couldn’t even find a reliable site by googling. Doctor app please together with consultancy fee. Thank you.

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    Mute Karl Neff
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    Nov 29th 2014, 7:29 PM

    Good luck to her. I hope that this proposed alternative delivery of healthcare is not a platform for inexperienced professionals (who can’t work in the health system due to recruitment embargo of past few years) to get work. My issue with this is that for some patients who are vulnerable – they may be paying for a service that isn’t top quality. Finally, I look forward to the other 23 applicants proposals to be reported by the journal.

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    Mute Rory J Leonard
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    Nov 29th 2014, 11:58 AM

    This young lady and her ingenious click clinic app has possibly doubled or trebled the market for the medical professionals offering those services.

    Disruptive technology at its most effective!

    Well done to her!

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    Mute Steve Tracey
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    Nov 29th 2014, 12:43 PM

    Good on ye lass hope it gets taken on.

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    Mute Sam McAllister
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    Nov 29th 2014, 1:01 PM

    Is disruptive the new “in-word”?

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    Mute Robert Caraher
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    Nov 29th 2014, 11:49 PM

    Have seen this of Twitter and as a fellow physio I see flaws in the business model!! Already websites like what clinic and generally find its more cost effective to invest in google Seo on our own website! But u know what folks fair play to her she is pushing an idea she has into reality!! How many of us have had ideas and never done anything about them!!! My wee bit of advice if the young lady does read this is under promise and over deliver!!

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    Mute Mary Moore
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    Nov 30th 2014, 1:42 AM

    I always worry when I see words like ‘entrepreneur’ and ‘health’ used in the same sentence. That immediately puts me off. But good luck to her and the others too with their inventions.

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    Mute Telbar Comuta
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    Nov 30th 2014, 3:53 PM

    Unfortunately it’s a zero sum game. There will always be people waiting as long as the health service is understaffed. In fact, it seems unfair that the young tech-savvy people with the app are going to get treatment faster than, and possibly at the expense of, the older people

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    Mute Brighid Sheridan
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    Nov 30th 2014, 2:20 PM

    Well done and best of luck with the idea!

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