THE LAW Reform Commission is not a luxury to be forgone when resources are tight, according to High Court judge Ms Justice Mary Laffoy.
Speaking at the launch of the commission's report on Bioethics: Advance Care Directiveslast night, Ms Justice Laffoy said the process that led to the report, where all issues were explored and a broad spectrum of opinion was drawn on through the consultation process, was essential to reform of the law, especially when it involved the human person.
“It can’t be done on an ad hoc basis. Any diminution of or interference with the structure of the Law Reform Commission would be very short-sighted and will be regretted in 10 years’ time.”
She said as a judge and barrister she had had occasion to draw on reports of the LRC, which had created a huge reservoir of information on where the law stands, and where it should stand in future.
Speaking of the report, she said it advanced proposals for a legislative framework for advance care directives to ensure the right to consent to and refuse medical treatment, which was fundamental. It stressed autonomy of the individual, his or her right to privacy and dignity, and stressed the presumption of the preservation of life as the underlying principles of any such legislation.
There was provision for a code of practice for those involved in implementation of such directives, she pointed out. She said she wanted to ask a “hard question” – what would be the legal status of such a code of practice.
She said she hoped legislation that would provide for advance care directives would be enacted sooner rather than later. A draft Bill is appended to the report, which follows publication of a consultation paper and a conference on the subject last October.
The Bill, if enacted, will allow people to leave instructions, either written or verbal, on treatment they wish to receive in the event of accident or incapacitating illness, and to nominate another person, a healthcare proxy, to carry out their wishes. It will also allow people to refuse life-saving treatment such as a blood transfusion for religious reasons.
Nothing in the proposed legislation would change the existing criminal law which outlaws euthanasia or assisted suicide.
Among the report’s 42 recommendations is the enactment of legislation to enable people to make their wishes known in as easy a way as possible.
The recommendations include allowing for the appointment of a person with enduring powers of attorney, where a person is unable to make their own decisions, who would make decisions regarding life-saving treatment, organ donation and non-therapeutic sterilisation on behalf of that person.
The proposed legislation should allow a person to leave instructions that they do not wish to be resuscitated in the event of an accident or medical trauma, it states.