Dr. Mary Wingfield:

Deputy Kelleher asked about the Commission on Assisted Human Reproduction. The first comment I would make is that the commission reported in 2005, which is 13 years ago, and so much has changed in assisted human reproduction in that time medically and also legally. There have been some High Court cases and a Supreme Court verdict on matters to do with assisted human reproduction. One issue that exercised the commission was the status of the embryo, and that has been clarified in legislation. That just emphasises the way the area is changing so quickly and how important it is that whatever legislation we put in place is not over detailed because in terms of issues we have been discussing such as the age limits for treatment, medicine is moving on. Ten years ago, nobody would have countenanced a 47 year old woman being pregnant whereas now, not just in assisted human reproduction but in medicine generally, it is much safer for people to conceive in later life. In the past, we would not have conceived of people with cystic fibrosis getting pregnant. Now, in certain circumstances, they do. This legislation has to be flexible so that it can be adapted as time goes on. We do not want to have to come back here every year or second year looking to change legislation. That is just wasteful of everybody's resources.

There was a wide range of expertise on the commission - medical and nursing, science, genetics, legal ethicists - and we consulted with people internationally. Experts from Italy were invited. Since that time, Italy has had to change its laws because some of its laws at the time were deemed to be against the European Court of Human Rights human rights legislation. That again shows that it is a very complex area, and the legislation needs to be very carefully thought out.