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

Photo of Frances FitzgeraldFrances 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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