A special Oireachtas committee has suggested that anyone found to pressurise a person into assisted dying be held criminally accountable under proposed legislation. This law would permit assisted dying under stringent controls, generally for those with a terminal prognosis of six months, or a year for those with neurodegenerative diseases. The committee’s report, released this Wednesday, advocates for the legal establishment of a criminal offence for coercing another into assisted dying. It further recommends that medical staff involved with this process undergo training to spot coercion.
The report has already caused political tension, with committee chair Michael Healy-Rae refusing to back it. This opposition resulted in a minority report being launched on Wednesday afternoon, much to the displeasure of Fine Gael.
The committee also proposes that non-compliance to the legal requirements of assisted dying be considered a criminal offence. They insist that any medical professional found breaking these rules or attempting to force a patient into assisted dying should also face legal action. It is also suggested that mandatory reporting to Garda should be implemented when there’s evidence of possible coercion.
Furthermore, the committee suggests a functional test be introduced if a person’s capacity to make decisions is in question, for eligibility checks. Doctors assessing eligibility should be professionally trained in evaluating patient capacity and their willingness to undergo the procedure, as the report suggests.
The report further points out that, if a patient who had qualified for assisted dying loses decision-making ability temporarily, their eligibility should be held in abeyance until they regain capacity.
The committee also suggests a clear bifurcation between palliative care and assisted dying, both operationally and financially. Additionally, the committee proposes a substantial increase in resources, financial aids, and information for palliative care.
It should be legally recognised for health care workers to exercise conscientious objection, yet they would be lawfully required to guide a patient curious about assisted suicide to a professional or regulatory body that consents to such practices.
To qualify for assisted suicide, an individual needs to make two formal requests with a predetermined gap between them, and at least one request should be documented and seen by two different witnesses.
Requests for assisted suicide cannot be placed for someone else by family members, guardians, or care providers.
Given the time restrictions the Dáil is working under, it is highly unlikely that the government will act swiftly on the committee’s suggestions.
Professor Siobhán MacHale, an associate of the College of Psychiatrists of Ireland’s human rights and ethics committee, which is comprised of approximately 1,300 members, expressed that the Oireachtas Committee’s backing for introducing euthanasia and assisted suicide in Ireland undermines the country’s determined stand on suicide prevention strategies.
She voiced that a diagnosis of terminal illness can naturally lead to the affected person having a wish to die due to the ensuing shock and grief. She firmly believes that there are more compassionate ways to cater to the dying without the need to resort to euthanasia and assisted suicide practices in Ireland.