The Law on Euthanasia & Assisted Suicide in Ireland
Active Euthanasia and Assisted Suicide are currently illegal in the Republic of Ireland.
Legislation
With regard to Assisted Suicide, under the Criminal Law (Suicide) Act 1993, it is an offence if someone ‘aids, abets, counsels or procures the suicide of another, or an attempt by another to commit suicide’. The penalty upon conviction for this offence is a maximum sentence of 14 years imprisonment.
With regards to Euthanasia, there is no specific crime of such, as deliberately ending the life of another person would be murder, contrary to common law and section 4 of the Criminal Justice Act 1964. The penalty upon conviction for this offence is a maximum sentence of life imprisonment.
Efforts to change Irish Legislation
In 2020, Gino Kenny TD introduced the “Dying With Dignity” bill to the Oireachtas. It was voted through at the Second Stage in the Dáil by a majority of 81 to 71. The bill was rejected by the Oireachtas Justice Committee on the basis that it was technically not well drafted as a piece of legislation.
The Oireachtas then formed a Special Committee to address the issue, the Joint Committee on Assisted Dying. This committee held discussions with expert witnesses and produced a report of its findings. The report recommended that the Government introduces legislation allowing for assisted dying, in certain circumstances.
Three members of the committee, Senator Rónán Mullen, Deputy Robert Troy and Deputy Michael Healy-Rae, did not sign the Committee report. A minority Report, was produced, which recommended that:
“the Government should not introduce legislation for assisted dying. The case has not been established, whereas the case against any change is overwhelming. There are no lives not worth living. We recommend that the existing ban on assisted dying be maintained without exceptions.”
It criticised the “flimsy protection for vulnerable lives” in the majority Report recommendations, the Committee’s early vote on whether to recommend legislation for assisted dying before any committee discussion of the testimonies of over one hundred witnesses, and the overriding concern for individual autonomy through the Committee’s deliberations.
The minority Report also highlighted “the depth and strength of professional and moral opposition to assisted dying within the medical profession” and noted that “apart from two activist groups proposing change, all Irish professional bodies that gave evidence to the Committee directly or indirectly indicated their opposition to the introduction of assisted dying.”
Case Law
In spring 2013, the constitutionality of the Criminal Law (Suicide) Act 1993 was upheld in both the High Court and Supreme Court, in the landmark Fleming v Ireland decision. Whilst the Supreme Court determined that there was no constitutional right to assisted suicide, it did state that the Oireachtas was free to pass legislation regulating it. Thus for Euthanasia or Assisted Suicide to become legal in the Republic of Ireland, a simple majority of the Dáil and Seanad would need to pass the required legislation.
The first Irish prosecution for assisting another person to die by suicide took place in 2015, but the defendant was found not guilty. See here
Passive Euthanasia (i.e. quickening the death of the patient by removing feeding tubes etc) is permissible in Ireland. This has been the case since the Supreme Court decision in In Re Ward of Court 1996.