Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

Unless I am missing something, it appears to me that the Minister is stating that neither she nor her Department has been engaged with the fertility clinics and that they have not considered the difficulty that could arise if we move from anonymous donation to identifying donors. No assessment has been undertaken as to whether a barrier will now be erected when this comes into force and will be placed in the way of couples who wish to conceive in Ireland through assisted reproduction by donor. I apologise but this is too important an issue. This legislation is designed to do something that has been ignored for too long in this country, that is, to provide rules with regard to parentage of children born through assisted reproduction. Unfortunately, the issue of surrogacy effectively has been abandoned to whoever is in government the next time around.

However, one should not do something that has unintended consequences. I accept absolutely that the Minister does not intend these consequences. I accept absolutely that this is a well-intentioned approach to ensure that children can have information with regard to biological parents, that is, the donors. I accept absolutely the intentions behind this are well-intentioned and would not wish anyone to misinterpret what I am saying. I believe the necessary consultation on this matter has not occurred and that it will have unintended consequences. I believe it will greatly stress couples who have personal fertility issues and will create a difficulty for the continued work on existing fertility clinics. Moreover, I do not think it is good enough, for example, to state that while the measure will be enacted, it will not be brought into force instantly but that the Government will then engage in a consultative process. There must be some certainty in this environment for both couples and members of the medical profession as to the direction they are taking over the next period of time.

I wish to give one simple example in this regard. At present, there are couples throughout the country who are having difficulties in conceiving. They will be getting some medical assistance and, inevitably, will be attempting to conceive without assisted reproduction. The next stage may well be that they will attempt to conceive through assisted reproduction by use of their own reproductive material. The third step, if that does not work, may be by donor. In circumstances in which couples may have some reasonable prospect of conceiving by use of their own material without donor, will members, because these provisions are coming down the track, put them in a position where, if they wish to go through assisted reproduction in Ireland, they must forget about that and must conceive rapidly through anonymous donation for fear that in six, 12 or 18 months' time, there simply will not be donors in this country and their only alternative option will be to leave the State? Are we going to put couples in that position?

It is too serious to simply state there will be a consultative process later on and it is unfair. I acknowledge the Minister's amendments in this area are well-intentioned. I am totally familiar with the international legal provisions to which she is making reference and am aware of the recommendation of this committee. However, while I am open to correction by members, I do not think the committee explored whether, if we did what is now proposed, it could have the unintended consequence of bringing to an end for a time assisted reproduction by donor in Ireland. I do not believe any member of this committee envisaged that unintended consequence as a possibility. Moreover, I do not think one should simply ignore what the Institute of Obstetricians and Gynaecologists is saying about this issue. I urge the Minister to rethink the presence of the provisions contained in this section and related sections. I will not come back and repeat this but I urge the Minister to rethink the appropriateness of their inclusion in this Bill with a view to what she states should occur, that is, the engagement of the Department of Health in a consultative process and these elements of this Bill being removed from it on Report Stage. Let the Department of Health get on with its consultative process, which is the area in which it should be dealing and not on the issue of parentage in the context of surrogacy. This is the particular area with which it should be dealing. Let us not create a difficulty or unnecessary worries for people by the enactment of this measure in its current form without understanding the unintended consequences.