Recent Legal Developments on Assisted Dying in Ireland: A Comparative Analysis with the UK

Introduction

The topic of assisted dying is a highly controversial and debated issue in Ireland and the UK. In recent years, there have been significant developments concerning the legality and regulation of assisted dying and growing calls for reform in both jurisdictions.

‘Assisted dying’ is used as a blanket term for all cases where medication is voluntarily administered to hasten a patient’s death. This term encompasses both ‘assisted suicide’, which is a term used to denote that the medication is administered by the patient themselves, and ‘euthanasia’, which is where a healthcare professional administers the medication.[1]

This article will explore the recent legal developments in Ireland and compare them with the parallel situation in the UK, referencing key legislation and case law.

Legal Landscape in Ireland

In Ireland, assisted dying is currently illegal under the Criminal Law Suicide Act 1993.[2] There is no legislation/regulation governing assisted dying in the event of terminal illness. In the Marie Fleming case, a woman in the final stages of multiple sclerosis challenged the prohibition on assisted dying, arguing that it violated her constitutional rights to dignity and autonomy, however, she was not successful.[3] The High Court held that, whilst Ms Fleming’s constitutional right to personal autonomy was engaged by the ban on assisted dying, the Court was not of the opinion that it amounted to a disproportionate interference with her right. The Court was concerned with the lack and insufficiency of safeguards and the risk of abuse and also that the most vulnerable people in society would not avail of this measure with the intention of relieving a perceived burden on their family and society. Finally, the Court decided that due to the Prosecution of Offences Act 1974, the DPP could not produce guidelines to assist in the foreseeability of prosecutions in assisted suicide.

In 2024, the Irish Oireachtas Committee on Justice and Equality re-examined the issue of assisted dying (after an initial report in 2021). This resulted in the publication of a final report recommending the decriminalisation of assisted suicide in Ireland and urging the creation of a legal framework under strict conditions. While this represented a significant shift in the discourse, the Irish government still has a long way to go towards reform.

The Assisted Dying Bill 2024: A Short-Lived Legislative Attempt

The Assisted Dying Bill 2024 was introduced in Ireland as a proposal to decriminalise assisted dying under specific circumstances. The Bill proposed to legalise assisted suicide for individuals who were terminally ill, with a prognosis of six months or less to live and who were mentally competent to make the decision.

The Bill outlines stringent safeguards, including independent medical assessments to confirm eligibility and ensure that the request was voluntary and not coerced.

Despite the attention the Bill garnered when it was first introduced, the Bill lapsed in November 2024 with the dissolution of the Dáil, having only made it to the First Stage of the legislation process.

Comparison to the UK

In the UK, the legal position on assisted dying has seen more significant developments compared to Ireland. While, as in Ireland, the UK still maintains that assisted suicide is a criminal offence under the Suicide Act 1961, the conversation around legalisation has made substantial progress in recent years.

The Terminally Ill Adults (End of Life) Bill 2024-25 is a piece of legislation in the UK that proposes to legalise assisted dying for terminally ill adults. The Bill would allow individuals who are predicted to have six months or less to live and who are mentally competent, to request assistance in ending their life.

The Bill proposes safeguards to ensure the request is voluntary, including assessments by two independent doctors and a waiting period of 14 days after approval before assistance can be provided.

As of now, the Bill is at the Report Stage of the House of Commons and has not yet been passed into law. It remains a topic of significant debate in the UK Parliament.

The recent UK judgment of Morris v Morris [2024][4] concerned a 73 year-old woman who had been suffering with multiple system atrophy for two years and she had been accompanied by her husband in travelling to Switzerland for assisted dying. The Court ruled that the forfeiture rule, which prevents people who assist in another’s suicide from benefiting from the deceased’s estate, should not apply to Mr Morris in this case. The Court held that his actions were motivated by compassion and lacked moral culpability, allowing him to inherit under his wife’s will. This judgment perhaps illustrates a more nuanced approach to cases of assisted dying and signifies the need for clear legislative guidelines in this complex area.

In Scotland, the Assisted Dying for Terminally Ill Adults (Scotland) Bill was introduced in March 2024 and it successfully passed the first stage of parliament debate in May 2025. The Bill proposes to enable mentally competent, terminally ill adults to be provided with assistance to end their life. Unlike the proposed legislation in the UK, the Scottish Bill does not have a life expectancy timescale. It instead refers to “an advanced and progressive disease” from which the terminally ill person is “unable to recover and that can reasonably be expected to cause their premature death”. There is still some way to go before the Bill can become law.

Conclusion

The Assisted Dying Bill 2024 in Ireland was a bold attempt to shift the legal landscape, however, its early lapse highlights the complexities and challenges involved in bringing about such a significant change in law. While public support for assisted dying remains strong, political opposition and cultural factors continue to prevent legislative reform.

In comparison, developments have progressed further in the UK, though significant legal and parliamentary hurdles remain. The debate around assisted dying in both Ireland and the UK reflects a growing respect for individual autonomy, but it also underscores the need for careful consideration of safeguards to protect vulnerable groups.

Ultimately, the future of assisted dying in Ireland will depend on continued discourse among lawmakers, medical professionals and the public, to ensure that any legal changes strike the right balance between compassion, autonomy and protection from potential abuse.

[1] Joint Committee on Assisted Dying, Final Report of the Joint Committee on Assisting Dying, March 2024, Page 21.

[2] In 1993 the act of suicide ceased to be a crime under the Criminal Law (Suicide) Act, 1993. However section 2, subsection (2), of that Act introduced a new offence, the act of aiding, abetting, counselling or procuring the suicide of another person which is punishable with a possible maximum sentence of 14 years.

[3] Marie Fleming -v- Ireland, the Attorney General and the DPP [2013] IEHC 2.

[4] Morris v Morris [2024] EWHC 2554 Ch.

If you would like any further information or advice, please contact Anna Somsen or another member of the Healthcare team.

*This information is for guidance purposes only and does not constitute, nor should be regarded, as a substitute for taking legal advice.