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Marie Fleming pictured at a High Court hearing in January Photocall Ireland

Taoiseach rejects plea to allow for assisted suicide

Enda Kenny was asked to ‘show some compassion’ to the family of terminally ill Marie Fleming and consider changes to the law.

TAOISEACH ENDA KENNY has rejected a plea to consider changes to the law that would help the family of a terminally ill woman end her life.

The partner of Marie Fleming and one of her daughters watched proceedings in the Dáil today as Independent TD John Halligan raised the former college lecturer’s plight.

The Supreme Court last month rejected an appeal from the 59-year-old that she should be allowed end her life with the assistance of others. Her partner, Tom Curran, would face a jail term of up to 14 years for helping her do so.

Deputy Halligan told the Taoiseach that it had been noted in the court’s ruling 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 were put in place.

Addressing a silent Dáil chamber, he said Marie Fleming still wanted the right to die at a time of her choosing.

She remains a competent but terminally ill adult who – in the last stages of multiple sclerosis - is severely physically disabled, suffers frequently from severe pain which at times is unbearable, has little mobility, needs help to eat and drink, and needs to be washed and dressed.

He added that she was now also losing her ability to swallow.

Taoiseach – in the light of the statement of the Supreme Court, would you consider introducing measures which would allow rational and terminally ill people to choose to have a dignified death at the time of their choosing, with appropriate safeguards to ensure that they are choosing this rationally and without external pressure?

Waterford Independent TD John Halligan (Image: Screengrab via Oireachtas.ie)

Ending his question, he appealed to the Government to show 'some compassion to a woman who is critically ill and suffering unbearable pain'.

Replying, Enda Kenny said Marie Fleming's campaign was an 'extraordinary case involving an extraordinary woman of impeccable dignity and courage'.

Taoiseach Enda Kenny (Image: Screengrab via Oireachtas.ie)

The Taoiseach said that the Supreme Court ruling, delivered on 29 April, held that the constitution does not contain either a right to commit suicide or to arrange for the end of one's  life.

The court held further that the prohibition on assisted suicide was neither discriminatory nor was it contrary to the European Convention on Human Rights.

He told the Dáil that while there was nothing in the judgement that should be taken as implying that the court would not be open to the state legislating for assisted suicide, that was not the same as saying the Oireachtas should do so.

Concluding his answer, the Taoiseach said it was 'not open to him' to give Deputy Halligan the commitment he sought.

Read: Supreme Court dismisses Marie Fleming's 'right to die' appeal >

Read: British man loses high court battle to end his life >

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37 Comments
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    Mute Lucy
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    May 29th 2013, 3:49 PM

    She is certainly not giving up is she!

    144
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    Mute Donal Rafferty
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    May 29th 2013, 4:00 PM

    No and fair play to her for keeping up the fight, if our pets are in pain we are allowed to put them out of their suffering but we can’t do the same for our loved ones, it’s incredibly backwards that a women of sound mind can’t be helped with her suffering because her husband faces 14 years in jail if he does, we have so much to learn.

    172
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    Mute Robbie Redmond
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    May 29th 2013, 3:49 PM

    This government and their policiers are assisting suicides already

    94
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    Mute Nelly
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    May 29th 2013, 4:02 PM

    I don’t think it’s fair keeping someone alive when they are not capable of living independently or having any quality of life.your just existing really.let people in that state make up their own mind.if it were me I’d like the choice and I know which one I’d take

    107
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    Mute CAPT. ADEBAYO FLYNN
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    May 29th 2013, 4:23 PM

    ‘Replying, Enda Kenny said Marie Fleming’s campaign was an ‘extraordinary case involving an extraordinary woman of impeccable dignity and courage’.

    What does that even mean? Yeh we wont let you die in dignity but fair play for letting us hold you back…with dignity.

    I think this lady will eventually get her wish, with or without this governments ‘ok’. It’s her life and she is the one who in the moments of pain is left alone with her family dealing with this sickness. Very, very sad situation.

    88
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    Mute Uncle Mort
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    May 29th 2013, 4:19 PM

    This is where we really need Garda discretion. My heart goes out that that brave lady.

    83
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    Mute Kerry Blake
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    May 29th 2013, 3:51 PM

    Kenny and compassion do not inhabit the same gilded world.

    79
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    Mute Ann M Kirwan
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    May 29th 2013, 4:35 PM

    Brave lady is the word, let her die in peace with as much dignity as possible, my heart goes out to her and her family, when my Dad was sick I prayed to god to take him away from all his pain and put him in a better place x

    72
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    Mute Eileen Beattie
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    May 29th 2013, 5:45 PM

    My brother committed suicide 13 years ago and I do not in any way think that this woman’s case is in any way similar. She’s not hiding away. She has been through every channel she can in this country and keeps getting knocked back which is a testament to a very brave lady & how she’s never given up. I hope somehow she gets her wish and doesn’t have to suffer much longer.

    56
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    Mute Frank2521
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    May 29th 2013, 4:36 PM

    Incredible that Enda runs a government that witnesses the suicide rate rocket upwards under his stewardship. Yet when compassion is needed he rejects it. His values are the same as most politicians. They do not care whether people live or die so long as they are comfortable.

    51
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    Mute Conor Buggy
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    May 29th 2013, 4:41 PM

    Gutless wonder Kenny. The court said that the government could legislate on this but naturally a man like Kenny who never introduces any sort of legislation which might rock the boat a bit will never legislate for such a thing.

    Do our politicians actually do anything anymore other than mouth off at each other?!

    50
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    Mute Pete Foley
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    May 29th 2013, 4:12 PM

    Enda the ass is getting worse by the day. Wish I could sleep for next 3 years so not have to here or see that vile little prat

    47
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    Mute Tom Brennan
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    May 29th 2013, 6:37 PM

    ” extraordinary case involving an extraordinary woman of impeccable dignity and courage”

    Weasel words there from Edna…

    Her quality of life is so low, and exhausting her energy to fight back.

    There is no dignity left for that poor woman and her husband…

    Wake up enda, you’re more interested in spouting sh!te for a fat pension payout! Condescending fceker.

    25
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    Mute Kevin Whyte
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    May 29th 2013, 11:17 PM

    I disagree that there is no dignity left for this lady and her husband.
    On the contrary, I believe they are showing themselves to be a very dignified and strong couple.
    The.are accepting their defeats with dignity and decorum.
    I disagree with what she seeks, but I hold her and her family in very high regard.
    Whether she is right or wrong, or whether I am right or wrong, does not take away her dignity and she will never allow it to do so.
    She is a very fine person.

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    Mute Fuh Qiu
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    May 30th 2013, 7:10 AM

    She suffers huge indignities daily! She’s an adult in full control of her mind who suffers unbearable pain and has to be dressed and fed, she can’t even go to the toilet on her own -if her mind was gone these indignities would be lessened but she is mortified daily. It’s her decision and it’s denied to her by her disability, an able bodied person could do it alone, ironically this cowardly git in govt with his meaningless words could cause similar sufferers to take their own lives earlier in their diseases as they won’t be allowed later and will be locked into their suffering. You and Enda don’t agree with it tho so they’ll have to lump it.

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    Mute Colm M
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    May 29th 2013, 5:00 PM

    typical FG…recall the compassion they showed Mrs McCole…no surprise. never again will I vote for this shower…last election first and last time

    18
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    Mute Kevin Whyte
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    May 29th 2013, 4:33 PM

    A very brave woman. As regards assisted suicide? I am sorry, I do not agree with it.
    I worked with MS society of Ireland for a year and saw some harrowing cases, I do understand her desire, but allowing anybody to assist in suicide, makes suicide acceptable. I lost a niece to suicide, we need to continue the fight to save every possible person considering suicide.
    Allowing it would be a backward stride.
    I believe in prayer and I offer them for you, I offer you my best wishes in any case.

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    Mute Senno Dipoi
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    May 29th 2013, 4:43 PM

    I believe in prayer? Really.

    66
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    Mute Donal Rafferty
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    May 29th 2013, 4:43 PM

    I think your using suicide to cover too broad a spectrum here, in terms of mental illness in a physically healthy person then yes we need to make huge strides in suicide prevention but in the case of someone who is terminally ill and suffering a great deal then their wish to be assisted in suicide should be granted, what is the aim of prolonging a life of suffering when someone is terminally ill?

    With safe guards in place there is no risk to suicide becoming acceptable.

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    Mute John Masterson
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    May 29th 2013, 5:22 PM

    You believe in prayer? So is praying going to take away the pain she’s in? Is it going to give back the life she had?
    The woman isn’t backing away without a fight and I applaud her for it!

    56
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    Mute Ruth Carter
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    May 29th 2013, 5:38 PM

    I agree, prayer is as much use as talking to a wall, your nerve endings do not shrivel up nor do you instantly fall asleep or have your actual tangible pain end because someone talks to a pretend dude in the sky- who condones bloody suffering anyway, the woman knows what she wants, her passing away peacefully at a time of her choosing does not impact anyone- and I cant imagine the DPP taking a case against her husband if they were to carry out assisting her, videotaping it for evidence and stating clearly it was her decision, as they do in Dignitas just to sort out the red tape issues. It will all depend on the DPP anyway, and no rational person would allow him to be jailed surely????

    30
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    Mute Alan @ Murco CEI
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    May 29th 2013, 5:45 PM

    Kevin, I know this woman personally. Do you? She should be allowed to end her time here with some dignity. I’m sure every case is different. Hers is harrowing to say the least

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    Mute Nick Beard
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    May 29th 2013, 7:16 PM

    The difference between this and mental illness is that when you’re mentally ill, you are often unable to see that you will eventually recover – but there is such a wide-ranging treatment that most people can be helped if they seek support.

    This woman does not have her thinking impaired in that way and she knows better than anyone what her diagnosis is. Does it not occur to you that she knows better than you what she finds bearable?

    15
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    Mute Kevin Whyte
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    May 29th 2013, 10:51 PM

    Yes, I do.
    I also respect your right not to believe in prayer

    1
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    Mute Tom Lewis
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    May 29th 2013, 10:53 PM

    Kevin stick your prayers where the sun dont shine. There is no God or heaven, its all a con, its not someone taking their life because they are fed up with life the poor woman is in pain and has very little of life, all this crap do goody goody shit pisses me off

    12
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    Mute Kevin Whyte
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    May 29th 2013, 11:01 PM

    I also applaud her strength and bravery.
    My belief in prayer is personal, it helped me through very difficult times in my life.
    Your disbelief in prayer is also personal. I respect your right to that.

    3
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    Mute Kevin Whyte
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    May 29th 2013, 11:03 PM

    I do not know this lady. I do wish her, and her family the strength to get through her illness.

    1
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    Mute Kevin Whyte
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    May 29th 2013, 11:24 PM

    Are you speaking for Mrs Finnigan? If not, where do you get the right to tell me to stick my prayers?

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    Mute Stephen
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    May 29th 2013, 11:33 PM

    What if I prayed that she could be allowed to have a assisted suicide would that be ok

    11
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    Mute Jen
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    May 30th 2013, 1:47 AM

    It’s terminal, getting through would be her death.

    5
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    Mute Philip Behan
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    May 29th 2013, 6:45 PM

    It’s a persons own right what they do with their life
    Nobody can interfere in it

    16
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    Mute Joey Hackman
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    May 29th 2013, 4:30 PM

    Peter, a bit over the top don’t you think?

    12
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    Mute Barbara Barrett
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    May 29th 2013, 6:52 PM

    I wonder what Enda Jenny would do If his Wife Sabrina was in the same position as Marie Fleming.?. How come the opposition have not posed that question to him. What happened to citizenship. Time for the definition of citizenship to be modified.

    12
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    Mute Jim Walsh
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    May 29th 2013, 10:50 PM

    Because that’s the whole problem with this debate. Politicians or judges can’t think in the personal because their decisions don’t affect just one person but the entire society. It’s an old stupid trick to ask a politician a question about how he’d feel if somebody murdered his wife, son or daughter. Of course he or she would want revenge but we don’t allow laws to be made because of somebody’s personal feelings. We have to consider how changes in the law affect everybody.

    It is possible to have complete sympathy for an individual but still be opposed to a principal. And it is possible to have complete sympathy for the awful situation Marie Fleming finds herself in but still be opposed to the idea of assisted suicide.

    Changing the law on assisted suicide would have to be done with huge consultation with the public, healthcare and psychiatric professionals and with vigilant safeguards so that it couldn’t be abused and that older people, many of whom already feel undervalued by society, would feel under pressure to avail of this out of some misplaced sense of duty to them families or worse be pressured into it by families.

    Red thumb away by all means. I don’t expect anything more from most Journal posters. The level of debate and thought here generally is a level you’d find in a school playground.

    4
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    Mute Martin Grehan
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    May 30th 2013, 12:11 AM

    This is the abortion issue are essentially the same thing. The government has no place in the personal choices of people that affect only their own bodies. It’s the same ultra-conservative Catholic types who are opposed to this too. The woman wants to die, she’s not mentally ill and so it’s a separate issue to most suicides, let her die!

    5
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    Mute Tom Lewis
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    May 29th 2013, 10:45 PM

    I hate Enda kenny this government is the most ignorant and arrogant government in the history of the state, cowards, scared to change anything that might effect their cosy little life

    5
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    Mute Tom Lewis
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    May 29th 2013, 10:56 PM

    Would all the governent red hand ehh i mean red thumb brigade go and wipe your bosses ares

    1
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