IRELAND – Moving towards a new VAD bill
21 November 2023
Guest article by Justin McKenna*
In 1993 the Criminal Law (Suicide) Act was passed in Ireland, bringing an end to the crime of suicide. At the same time, to aid, abet, counsel, or procure the suicide of another is an offence punishable by up to 14 years in prison. Three years later, the Irish Supreme Court ruled that it is permissible to refuse medical treatment even if that means bringing about one’s own death. Also in 1996, the Power of Attorney Act was passed enabling persons to delegate decision-making to attorneys in anticipation of loss of mental capacity.
In the years that followed, Ireland has witnessed its citizens vote in referendums to liberalise the laws on abortion, homosexuality and same sex marriage. The Supreme Court heard the Fleming case in 2013, when Marie Fleming sought to establish a constitutional right to die. She failed but the court ruled that the constitution does not prevent the legislature from passing a law permitting assisted dying provided safeguards are also introduced to protect the living.
The current end-of-life enquiry at the Oireachtas
In 2015, a private members bill (Dying with Dignity Bill) was introduced into the Oireachtas (the Irish parliament) but failed to progress due to a general election. In 2018, another bill was introduced and was subsequently withdrawn to enable a debate take place. The enquiry into the topic is currently in the hands of the Joint Commission on Assisted Dying, a committee of the 2 houses of the Oireachtas. It began its deliberations in June 2023 and is tasked with the objective of producing a report in March of 2024. It meets every week listening to evidence from experts both Irish and international, including DIGNITAS (on 26 September 2023). EOLI made its presentation on 7 November 2023 (Link to videos and scripts).
Also in 2015, Ireland adopted the principles laid down under the United Nations Convention on the Rights of Persons with Disabilities when it passed the Assisted Decision Making (Capacity) Act. This Act was a sequel to the POA Act of 1996. It changed the way in which mental capacity is assessed from one of status to one of function. People may no longer be treated as insane. The Act also provided for advance healthcare directives thus respecting the autonomy of the individual.
The changes contained in this legislation were so sweeping as to require 8 years of consultation with healthcare professionals and lawyers. The 2015 Act was eventually commenced in 2023. It heralds the advancement of our cause.
Outlook
A new bill on voluntary assisted dying containing a catalogue of safeguards and restrictions is likely to be published during the life of the next government administration. A general election is looking likely in 2024 or 2025. Having succeeded so far in highlighting the issues surrounding voluntary assisted dying, we expect that our efforts next year will focus on ensuring that the terms and conditions contained in a prospective bill will not act as an obstruction to a legal right to an assisted death. To this end EOLI** will be hosting the next Conference of the World Federation of Right to Die Societies in Dublin in September 2024.
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* Justin Mc Kenna is a voluntary assisted dying advocate for EOLI (End of Life Ireland) with over 40 years continuous experience as a solicitor practising in the area of end of life. He is a former chairperson of the Law Society Committee on Probate Administration and Trusts and a former President of the Dublin Solicitors Bar Association. He is one of the founding partners of Partners at Law Solicitors, a law firm based in Dun Laoghaire.
**EOLI (End of Life Ireland) is a small voluntary advocacy group established about 5 years ago by Janie Lazar with the object of promoting conversation on end of life issues with particular emphasis on the repeal of the law that criminalises assisted dying.
