Committee recommends legislation to allow for assisted dying in certain restricted circumstances

Independent senator Rónán Mullen and Fianna Fáil TD Robert Troy are expected to put forward a minority report, which will be supported by Michael Healy-Rae (pictured). File picture: Sam Boal/Collins

The Joint Oireachtas Committee on Assisted Dying has recommended that the Government introduce legislation which will allow for assisted dying in certain restricted circumstances.

The committee, which has been hearing evidence since last June, published its final report on Wednesday. It will now be sent forward to the Justice Minister.

It did not agree on any one form of wording of the topic, so terms of assisted suicide and euthanasia are used. Assisted suicide is used to denote that medication is administered by the patient themselves, while euthanasia is used where a doctor or health worker administers the medication.

The report made a total of 38 recommendations. It recommends that assisted dying be legislated for in cases where a person with an incurable illness is expected to die within six months. This would be extended to 12 months when a person has been diagnosed with a neurodegenerative disease.

The committee also added that the proposed legislation should also state that the illness or medical condition must “cause suffering that cannot be relieved in a manner that the person finds tolerable”. 

If assisted dying is introduced to the ill person, an assessment from a psychiatrist will be required for those who are deemed eligible. However, the committee remarked that there “are concerns about whether the person is competent to make an informed decision”. 

It also does not recommend that advanced healthcare directives be allowed for persons to request assisted dying.

Additionally, it also recommended that family members, carers, guardians, or holders of an enduring power of attorney cannot request assisted dying in the interest of another person.

Gino Kenny said: 'The committee thoroughly examined the issue and came to a majority decision to recommend that the government press ahead with making assisted dying available in the circumstances referenced in the report'. File picture: Gareth Chaney/ Collins Photos

While vice-chair of the committee, People Before Profit TD Gino Kenny, said the report is a “major step towards a change in our laws on those that want to have a say in how they die”, Kerry TD and committee chair Michael Healy-Rae disputed the report.

At Tuesday’s Oireachtas meeting, a row broke out after members were split over its recommendations. Nine committee members voted in favour of the recommendations, three voted against, one abstained and one was not present.

Independent senator Rónán Mullen and Fianna Fáil TD Robert Troy are expected to put forward a minority report, which will be supported by Michael Healy-Rae.

On Wednesday, Mr Kenny said: “The committee’s conclusions are hugely significant on the ongoing debate on assisted dying in Ireland. The pivotal recommendation from the special committee is that it recommends legislative change in certain circumstances which are outlined in the report.

“The committee thoroughly examined the issue and came to a majority decision to recommend that the government press ahead with making assisted dying available in the circumstances referenced in the report,” Mr Kenny added.

He further added that the government should now “make a commitment and draw up legislation in the lifetime of this government”. 

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However, the College of Psychiatrists of Ireland has said the recommendations to introduce both assisted suicide and euthanasia for people will have “significant ramifications for palliative care and end-of-life care in Ireland, and for the most vulnerable in our society”. 

The training body represents 1,300 professional specialists and trainee physiatrists across the country. Consultant liaison psychiatrist, Professor Siobhan MacHale, added that it would undermine Irish society’s “strong focus on suicide prevention policy.” 

“Any terminal diagnosis is by its nature deeply upsetting and can often lead to a patient experiencing a wish to die in the course of the associated shock and grief,” she said. “The college believes that we can do better in providing compassionate care to those who are dying than to introduce assisted suicide and euthanasia in Ireland.”