Assisted suicide and Marie Fleming
Deputy Halligan raises legislation for assisted suicide following the Supreme Court’s Marie Fleming judgment, while the Taoiseach expresses compassion and suggests the issue may receive future Oireachtas consideration.
With us in the Gallery today are Mr. Tom Curran, the partner of Ms Marie Fleming, and Ms Fleming's daughter, Catriona, along with some friends. I gave the Taoiseach notice of this question because I know the issue is controversial and delicate, although we can be reflective.
When the Supreme Court delivered its ruling last month that Ms Fleming did not have the right to assisted suicide, it was noted by the court that there was nothing to stop the Oireachtas from legislating to allow for assisted suicide in such cases, once it was satisfied that appropriate safeguards could be put in place. Ms Marie Fleming still wants the right to die at the time of her choosing. She remains a competent but terminally ill adult who is in the last stages of multiple sclerosis, is severely physically disabled and suffers frequently from severe pain, which at times is unbearable. She has little mobility and needs help to eat and drink. She must be washed, dressed and repositioned in her wheelchair continuously. She is now losing her ability to swallow.
Mr. Curran remains in a legal limbo because although it is legal for Marie to commit suicide, it is illegal for Tom to assist her in doing so, and if he did so he could face a jail term of 14 years. We all have a right to demand a dignified life, but we also have a right to a dignified and peaceful death. It is everybody's wish to have a peaceful death. In light of the Supreme Court statement, would the Government commit to, or even consider, introducing measures that would allow rational and terminally ill people to choose to have an assisted death when they wish, with appropriate safeguards to ensure that the choice would be rational and without external pressure? We would need to provide the best possible medical care and quality of life for elderly and seriously ill people to ensure they do not come under external pressure to want to die. Such safeguards would not compel anybody to do anything they do not choose for themselves in sound mind. They would only apply to terminally ill, conscious and competent adults who can make autonomous decisions and they would not extend to incompetent and terminally ill adults, children or babies. Such a process would come into play when people's suffering surpasses the will to live, and the choice would be carefully regulated. I ask the Taoiseach to show some compassion to a woman who is critically ill and suffering unbearable pain. As I stated initially, we have a right to and demand dignity in life, but each of us as sentient beings also has a right to dignity in death.
Comment on this
By any standards this is an extraordinary case involving an extraordinary woman. If the House were asked to find words to describe adequately the impeccable courage, dignity and compassion of Ms Fleming, it would probably be rendered mute. When we speak about this particular case, we speak about life and death, but also about compassion, love and commitment, and the commitment of her partner and family are there for all to see. What we, as the people of the country, have seen in this is something rare and privileged. It is not for me or anybody else to intrude on the privacy of this family forced by appalling circumstances to share their distress with the public.
The court made its decision on 29 April and acknowledged the hugely distressing circumstances. It held the Constitution does not contain either a right to commit suicide or to arrange for the ending of one's life at a time of one's choosing. The court held further that the prohibition on assisted suicide was neither discriminatory nor contrary to the European Convention on Human Rights. The court made it clear that nothing in its judgment should be taken as implying necessarily that it would not be open for the State to legislate for assisted suicide where the Oireachtas is satisfied that measures with appropriate safeguards might be introduced. This is not the same as stating the Oireachtas should legislate to provide for assisted suicide. As a consequence of the judgment, the offence of assisting another to take his or her life remains in place. Such an offence is necessary to safeguard the lives of individuals who are nearing end of life and who therefore might be at risk or vulnerable. Deputy Halligan made comments to me yesterday and I understand the grief of this extraordinary woman and the commitment of her partner and family, but it is not open to me to give him the commitment he seeks.
Comment on this
I thank the Taoiseach for the compassion he has shown towards the family. I am sure they are grateful to hear him say it. None of us ever hopes to have to avail of assisted suicide, and this is quite clear in most people's minds. The reality is that in the absence of a debate on this issue, very many people like Marie Fleming are being deprived of this freedom to make a dignified exit from this life through extraordinary pain. In an opinion poll published in The Irish Times in 2010 on behavioural attitudes, 55% of people indicated that terminally ill people should have a right to a dignified exit from life if they choose this way. We know of terminally ill people who, because of the severity of their circumstances and pain, refuse food and hydration as a means of ending their life. Many doctors are coming forward to state that people are coming to them asking for help because they find their pain unbearable. I ask the Taoiseach and party leaders to consider at least a debate at some stage in the Dáil. I do not know whether it would require the introduction of a Bill. If so, I will do this.
Anybody who speaks to Marie and her family will see the unending pain and torture she is going through with an end in sight anyway. To have to see this end in unbearable pain is undignified. Not alone as it undignified for the woman herself, as she will tell one, it is undignified for us as a society to allow this to happen, particularly with somebody who is competent and intelligent, who knows she is inflicting pain on her family and friends and who wants to have a dignified exit. At the very least we have a right to have this debated in the House.
Comment on this
As I stated, pain management is part of the science of medicine in the modern world. I am quite sure that at some stage or other we have all attended at the bedside of family, friends or acquaintances who have passed on and who, despite the medical attention they received, left this world having gone through a period of distress, discomfort and pain. I know Deputy Halligan has raised this case out of his understanding and a sense of compassion for Ms Fleming. It may be possible that at some future opportunity, these matters can be raised and reflected upon at the Oireachtas Joint Committee on Health and Children. The court made its decision and is clear, and to respond directly to the Deputy's question, it is not open to me to do this. I understand the circumstances of this extraordinary woman and her courage. It is distressing to hear Deputy Halligan describe the circumstances in which she finds herself at this time.