Ireland’s lower house of parliament, the Dáil Éireann, voted to “take note” of the final report of the Joint Committee on Assisted Dying (JCAD), with 76 votes for and 53 against, on Thursday. The vote has no legal effect but indicates support for legislation in the area. It is up to both houses of parliament to decide on any follow-up action after the general election to be called before the term ends in March.
The JCAD final report includes 38 recommendations favoring legislation for assisted dying in restricted circumstances. The report recommended that assisted dying be available to people aged 18 and over and only in cases where a person with an incurable illness is expected to die within six months, extended to 12 months when a person has been diagnosed with a neurodegenerative disease. Recommendation 34 recommends that family members, carers, guardians, or holders of an enduring power of attorney cannot request assisted dying in the interest of another person. It also recommended that doctors should have the right to refuse to provide assisted dying services if they wish.
Independent member of Dáil Éireann (TD) Michael Healy-Rae, who chaired the committee, voted against the report. He, along with Fianna Fáil TD Robert Troy and independent senator Rónán Mullen, issued a minority report opposing the introduction of assisted dying legislation. Additionally, Also People Before Profit TD, Gino Kenny told The Irish Times that this vote “doesn’t really have any weight in terms of changing legislation or even changing government policy.”
The Criminal Law (Suicide) Act 1993 decriminalized suicide in Ireland but assisting another person’s suicide–through aiding, abetting, counseling or procuring–remains a criminal offense with a maximum penalty of 14 years in prison. The 2012 Fleming v. Ireland case marks the first legal challenge related to assisted dying in Ireland. In that case, the Supreme Court of Ireland noted that the Irish Parliament could legislate for assisted suicide within certain boundaries, ensuring a balance that protects the constitutional right to life. Initial legislative attempts include the first Dying with Dignity Bill in 2015 and a second Dying with Dignity Bill in 2020.
The European Convention on Human Rights and the Biomedicine Convention do not give instructions to States on how to regulate assisted dying. Ireland has not signed and ratified the Biomedicine Convention. For instance, in Haas v Switzerland, the European Court of Human Rights requires states to strike a balance between the protection of life under Article 2 and the vindication of the right to respect for private life under Article 8 on assisted suicide. In fact, regarding this legislation, Member States are granted a wide ‘margin of appreciation’ under Article 1 of Protocol 15.
The Joint Committee on Assisted Dying (JCAD) was established with members of both Houses of the Irish Parliament and the final report was issued in March 2023. Under Standing Order 95(6) of the Dáil Éireann, JCAD’s power and function is to explore how the provision for assisted dying might operate in Ireland, examine safeguards and the constitutional, legal, and ethical issues, and identify possible unintended consequences of such a provision.
