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Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: I move amendment No. 86: In page 181, line 12, to delete “section” and substitute “paragraph”. This amendment would ensure that all non-clinical conceptions up to this paragraph coming into operation would be covered by the legislation, as opposed to just those up to 4 May 2020, the date on which the section of the Child and Family Relationships Act was...

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: I accept what the Minister is saying and will withdraw my amendment.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: The passage of this Bill through the Dáil today is a really important landmark. It is undoubtedly very warmly welcomed by many of the campaigners seeking recognition of their parent-child relationships. Huge credit goes to those campaigners for their tireless and compelling work making the case so strongly to legislators that this issue should not slide down or off the political...

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: Does the Minister not accept the point I have made that there is now a splitting of motherhood or the concept of motherhood? For other purposes, it was assumed that the birth mother was the genetic and gestational mother. That is no longer the case in a situation of surrogacy. There is a distinction between the genetic mother and the gestational mother. The constitutional provision to...

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: I am withdrawing the amendment. This is another gun to the head situation, it seems.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: I move amendment No. 77: In page 164, to delete line 17.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: I move amendment No. 80: In page 168, lines 13 to 16, to delete all words from and including “that” in line 13 down to and including “waiver” in line 16 and substitute “if it is satisfied that the best interests of the child justify such a waiver”.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: I move amendment No. 84: In page 181, between lines 5 and 6, to insert the following: “Insertion of section 4A into Act of 2015 232. The Act of 2015 is amended by the insertion of the following section after section 4: “Best interests of the child 4A. Where, in any proceedings before any court under this Part, the court, in determining whether to make an order, shall...

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: Will the Minister give an assurance that if a person is intending to proceed with something that is not in keeping with the legislation, there are no circumstances under which that person could be prosecuted, for example?

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: Where they knowingly-----

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: Okay. Thank you.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: I move amendment No. 61: In page 94, to delete lines 14 to 22.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: I move amendment No. 64: In page 96, lines 2 to 5, to delete all words from and including “child” in line 2 down to and including line 5 and substitute the following: “international surrogacy agreement was a permitted international surrogacy agreement if it is satisfied that the best interests of the child justify such a waiver.”.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: I move amendment No. 72: In page 156, to delete line 19. I have had contact from a couple of different groups including the LGBT+ Parenting Alliance, which has particularly drawn my attention to this. The Department has said the reason the High Court has been given jurisdiction is because it believes a transfer of motherhood can only take place there. We discussed this issue in...

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: There certainly seems to be an inconsistency here insofar as other professionals are not treated in the same way. Legal advice and consular advice are permitted but, arguably, medical advice is much more important. I just do not understand the reason for precluding it. I think it is an omission from the Bill and I will be pressing the amendment.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: Sorry, Chair, is this in order? We are speaking to amendments.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: This is complete abuse.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: I think this prohibition is perfectly understandable in a case before anything happens, but after the event, a medical practitioner is required to provide medical care where he or she is asked for that.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: They will not be allowed, therefore, to provide any medical advice at all.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: Beforehand, however, if they are entering into an agreement that may not be a legal agreement-----

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