Dáil Éireann Debate, Tuesday - 7 May 2013
284. Deputy Andrew Doyle asked the Minister for Justice and Equality if he intends to bring legislation forward to deal with the outcome of a Supreme Court case (details supplied) in view of the fact that the court stated that the Oireachtas could legislate if it was satisfied that measures with appropriate safeguards could be introduced. [21124/13]
View answerThe Supreme Court in its judgment in Fleming v Ireland and Others (delivered on 29 April last) upheld the constitutionality of section 2(2) of the Criminal Law (Suicide) Act 1993. Section 2(2) provides for the offence of assisted suicide. While acknowledging the tragic situation of the appellant, the Court held that there is no constitutional right to commit suicide or to arrange for the ending of one’s life at a time of one’s choosing. The Court further held that it is not possible to identify a constitutional right for a limited class of persons which in this case would refer to disabled persons suffering severe pain arising from a terminal and degenerative illness, who have the capacity to consent and wish to have the assistance of a third party to end their lives. Submissions to the effect that the prohibition on assisted suicide was discriminatory and contrary to the European Convention on Human Rights were also rejected. As a consequence of the judgment, the offence of assisting another to take his or her life remains in place and I have no plans to amend the legislation.
