Gino Kenny on assisted dying: legal questions and public opinion
Gino Kenny addressed the first meeting of the joint committee on assisted dying, calling for a respectful public debate and raising legal questions about accompanying people to services in Switzerland and potential legal challenges to Irish law. He argued the 2013 Supreme Court Fleming judgment left room for the legislature to create a regulated assisted dying regime and said the public is well ahead of politicians on the issue.
Opening remarks
Kenny welcomed members to the committee and described the debate as profound and long overdue. He referenced the Fleming case and urged the forum to be respectful of differing views, noting many have faced loved ones in difficult end-of-life situations.
Question on Switzerland and Dignitas
Kenny asked whether a person who accompanies someone to Switzerland and to an organisation such as Dignitas could be prosecuted under Irish law. The reply in the record cited the Criminal Law (Suicide) Act provision that a person who aids, abets, counsels or procures the suicide of another may be guilty of an offence, though prosecutions are rare and the DPP has discretion.
Supreme Court judgment and legislative scope
Kenny stated the 2013 Supreme Court Fleming decision was unequivocal that legislators can legislate for assisted dying with safeguards. The exchange in the transcript reiterates that the court found no constitutional right to suicide or assisted dying but indicated it was open to the legislature to frame a regime.
Possible legal challenges
Kenny raised whether a future legal challenge could alter the legal position, including effects on the 1993 criminal law around suicide. The transcript records officials saying a legal challenge could change the position, but that Fleming set out clear principles the courts would reference, including the constitutionality of any regime and consideration of the ECHR in interpretation.
Public opinion and political will
Kenny told the committee he believes public opinion is far ahead of politicians and said moving to legislate would take political will and courage. He indicated he looks forward to engaging with colleagues across differing views as the debate proceeds.
We publish thousands of recordings to make Irish politics transparent and resistant to manipulation. Spotted an error? Report it — together we are building a reliable archive of Irish politics.
I would like to welcome everyone to the first meeting of the joint committee on assisted island. It is a very important debate, a very profound debate, a debate that is worth having in a public forum and finally we are having it after a number of years. I think the benchmark for me is that ten years ago Marty Flemmen brought a case against the state in relation to her own kind of situation and I think we should obviously be cognizant of those that followed Marty Flemmen in relation to wanting to avail of assisted dying and I understand there is kind of different opinions on this but I think we all come from a place that we have all experienced loved ones in difficult situations when they come to the end of their life and hopefully this debate in this public forum is respectable to everybody's different opinion on this issue and I look forward to engaging with everybody in that kind of sphere. Just a number of questions. At the moment if somebody accompanies somebody to Switzerland for example and that person goes to a dignitas to end our life is that that person that accompanies that other person breaking the law? Can they be prosecuted in relation to accompanying them to Switzerland? My second question is I think the 2013 Supreme Court was unequivocal that legislators such as us can legislate for assisted dying with obviously kind of safeguards in place and I think it's possible. It takes kind of I suppose you know guts, it will take you know political will to move this forward and I think the public is ahead of politicians on this issue by a million miles. I think all indications state that public opinion does want to see less of change in this issue. My first question is in relation to the issue around Switzerland and my second question is around if in a hypothetical situation if somebody else brings a legal challenge against the state could that alter the judgment in relation to the legal aspect of assisted dying in Ireland particularly around the 1993 criminal act around suicide. Thank you very much Deputy Gina. Ms Woods? Thank you in relation to your first question Deputy the criminal law suicide act is is quite clear that a person who aids abets counsels or procures the suicide of another or an attempt at suicide of another shall be guilty of an offence so any actions taken in relation to aiding abetting counseling or procuring suicide of another person is covered by that. I will qualify that by saying that as far as the department is aware there has only ever been one prosecution taken we have consulted with the DPP and the CSO just to confirm that we will let the committee know if that is not the position but as far as we know there has only been one and there was no conviction secured the DPP has discretion to take prosecutions and the Supreme Court did allude to that in its judgment as well but on the wording of the act yes that would be a criminal offence. So just just clarity if somebody accompanied somebody to Switzerland in this in this instance Dignitas could that person then be prosecuted? It would depend on the specific case and and precisely what happened but on the wording of the law yes that that that could fall within aiding abetting counseling or procuring but it would depend on the specific actions of that person okay and then it would be for the court if the DPP were to take a prosecution yeah and obviously there has been one high profile case in relation to Bridgetford and Gayla Rook that's all I'm aware of yes acquittalism that's it just on the second question in relation to a legal challenge a legal challenge could always change the position however the the Supreme Court in Fleming was fairly clear on the key issues that there is no constitutional right to suicide or to assisted dying but that it is open to the OROC that still legislates so it would be difficult to see um where the grey area in that judgment is however a legal challenge can always uh result in it leads to different different judgments okay just kind of um a caveat onto that question again this is a hypothetical situation if the OROC was to legislate for assisted dying you say in your statement the court could determine to make up such a um the court could challenge that decision by the OROC? well the court couldn't challenge it but a challenge could be taken and the court will have to have reference to the constitutional position and the ECHR in interpreting the constitutionality or determining the constitutionality of any regime put in place you
Thank you for downloading 🙏
If you publish this material on social media, we would be very grateful if you tagged VideoParliament. It helps us reach more people and keep building a transparent archive of Irish politics.
