Oireachtas Joint and Select Committees
Thursday, 5 March 2015
Select Committee on Justice, Defence and Equality
Children and Family Relationships Bill 2015: Committee Stage
9:30 am
Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source
Let us revert to what the legislation states. Subsection (3) reads:
Where a relevant donor to whom subsection (2) applies makes representations to the Minister in accordance with that subsection, the Minister shall consider those representations and--(a) if satisfied that sufficient reasons exist to withhold the information concerned from the donor-conceived child, shall refuse the request under subsection (1)...
This is the threshold test. There is ministerial discretion in that decision and a range of factors would be taken into account. The Minister would be the defendant, as in the other example I cited. The donor cannot appeal the decision.
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