Legal concerns raised about proposed law on assisted dying

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Dying with Dignity Bill vulnerable to constitutional challenge, officials advise

It identifies “ambiguities and serious drafting errors” in several sections of the Bill, containing flaws that could render them vulnerable to challenge before the courts, as well as errors of a more technical nature throughout the Bill.

It also finds that it has no enforceable compliance or offence provisions, “which is hugely problematic for this legislation given the statements from both theand the European Court of Human Rights on the utmost importance of safeguards in legislation such as this”. It suggests that given the gravity of the debate, the topic might benefit from consideration by a special Oireachtas committee or a Citizens’ Assembly.

Solidarity-People Before Profit TD Gino Kenny introduced the Dying with Dignity Bill last year. Photograph: Gareth Chaney/Collinssaid that when he and colleagues put the Bill forward, they were “always open to changes and amendments”. “The Oireachtas said in October the the issue needs further review, that will hopefully take place in the autumn in pre-legislative scrutiny, and we can call in stakeholders across the broad spectrum of debate and see if we can proceed.

He also said he would be happy for the Government to take the issue on and produce its own Bill “as long as the substantial issue is legislated for”. “What we want to see is there’s a vision in the State for those who want to legislate for and have the choice of using assisted dying,” he said. While he would be open to the issue being examined by a Citizens’ Assembly, he also said it was “imperative” that it do so in tandem with efforts to legislate for the issue.

 

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