'Shameful' to introduce assisted dying without funding palliative care, committee told

(Front centre) Chairman of the Joint Committee on Assisted Dying, Deputy Michael Healy-Rae, with (back, left to right) Senator Lynn Ruane, Deputy John Lahart, Deputy Alan Farrell, Deputy Patrick Costello (front, left to right) Senator Annie short, Senator Mary Seerey Kearney, Deputy Gino Kenny and Senator Ronan Mullen after its first public meeting on Tuesday in Leinster House. Picture: MAXWELLS

It would be “shameful” to legislate for assisted dying without first ensuring proper funding and support for palliative care and related services, an Oireachtas committee has heard.

The committee on assisted dying on Tuesday discussed legal protections and sanctions, hearing from legal experts in Ireland and the UK. Barrister Simon Mills, who was part of the legal team acting for Marie Fleming, said it is an area of complex social policy.

“The idea that we would introduce legislation about assisted dying, without properly funding palliative care, healthcare services, social services, educational services would be, I think, rather shameful,” he said.

“This idea that assisted dying exists as a right on its own—it exists along with the right of every citizen in this country to live a dignified life, right up to the moment of their dignified death.” 

He urged the committee to bear this in mind when they come to legislating when he answered questions today from Senator Mary Seery-Kearney and Fianna Fáil TD Robert Troy.

Addressing the same questions around whether legislation could lead to a loosening of attitudes towards assisted death, Professor Richard Huxtable said there are models already in existence.

He referred to research by Penny Lewis and Ezra Black, saying: “Their review seemed to suggest the safeguards were effective and there is no evidence of this incrementalism or slippery slope.

“But I would add from my reading of literature that it doesn’t all point in one direction, it is contested so the data themselves is contested, as to whether they evidence a slope.” 

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Senator Lynn Ruane asked what would happen for a person with mental health conditions who also has a physical condition which is terminal and would like to see assisted dying.

Healthcare Litigation Legal Executive Kevin Kelly said in this situation, depending on the wishes of the person, that the Assisted Decision Making Act could be applied to allow a third party to help the person.

The speakers and committee members referred to the Supreme Court case of Marie Fleming who had multiple sclerosis (MS) and fought for the right to die on her own terms. She lost the court decision, but did die at home aged 59 in 2013.

Fine Gael TD Emer Higgins said: “I believe it is 10 years on from the Marie Fleming case, and I believe that we haven’t as a society and as a legislator faced up to this issue yet.”