Taoiseach Enda Kenny has ruled out changing the law to allow for assisted suicide.

The issue was raised in the Dáil by Independent TD John Halligan on behalf of Marie Fleming who lost her Supreme Court challenge to allow her partner Tom Curran assist her suicide.

Mr Curran and Ms Fleming's daughter Corrinna Moore and a number of friends attended the Dáil during Leaders' Questions when the Waterford TD asked the Taoiseach to consider legislation. Mr Kenny said he understood "the grief of this extraordinary woman, the commitment of her partner and family" but he told Mr Halligan "it is not open to me to give you the commitment you seek".

Legal limbo
Mr Halligan said "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".

Ms Fleming is 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”.

He said the Supreme Court noted 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”.

Mr Kenny said that while the court acknowledged the hugely distressing circumstances of Ms Fleming’s case “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”.

Appropriate safeguards
The court also said "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".

But Mr Kenny said “this is not the same as stating the Oireachtas should legislate to provide for assisted suicide”.