Mary Seery Kearney (Fine Gael) | Oireachtas source

I thank Deputy Funchion and I thank the Chair for allowing us to comment. I was in the Seanad yesterday for statements on women's health and the women's health action plan. A number of Senators referenced our committee, the AHR Bill and the need for that Bill to include international surrogacy and a retrospective provision for children already born via surrogacy. The Minister began his reply by stating that international surrogacy was never intended to be in the AHR Bill and that the Bill would be law by now if it were not for international surrogacy. He said this committee was going well and then proceeded to state that it would bring forward amendments. He then proceeded to state that AHR is urgent and that international surrogacy could be brought in by amending legislation. This caused untold hurt and upset among families with children via surrogacy.

Children who are in urgent need of the protections of a full legal relationship with their parents are not an inconvenience.

Women who have had health difficulties and who have had to avail of surrogacy to grow their families, and did so lawfully in other jurisdictions, are not an inconvenience. Women in need of health supports are not an inconvenience. The same-sex couples who require legislative support to grow their families are not an inconvenience. Yesterday was the beginning of Pride month, so happy Pride, by the way, to all of the people who were devastated and upset by his remarks.

All of these people are citizens of this country and they all have a reasonable expectation that the State will support their legitimate needs. The pausing of the AHR Bill on Committee Stage at the Joint Committee on Health gave rise to the reasonable expectation that the work and the recommendations of this committee would be brought forward for inclusion on Committee Stage as amendments. This committee is not charged with writing the legislation. None of us are legislative drafters. We are charged with making recommendations on the specific terms of reference.

The Minister states that he only agreed to a pause of the AHR Bill of 12 weeks. That would have been an impossible deadline to meet, which makes we wonder about his true commitment to the outcome of this committee. I cannot understand why there is a certain urgency and where that has come from. After all, if it is an urgency driven by the very real need to fund IVF, we have had witnesses before the committee who advised us that the two are not interdependent. There is already tax relief on medical expenses and that could be enhanced, so there are ways of ensuring this funding for IVF. The Minister appears to be operating under the misunderstanding that he cannot argue for a budget provision for IVF funding and deliver that for families unless and until the AHR Bill is passed. Perhaps if he informed himself of the actual workings of this committee and the witnesses to it, who include many completely objective witnesses, such as the Ombudsman for Children, rather than making wild, ill-informed statements, as he did yesterday, he might have seen there is a solution to his ribbon-cutting ambition. He might also have informed himself of the fact there are considerable flaws in the AHR Bill as it stands that need to be addressed. To have an ambition to bring the Bill into law by the summer recess, even without international surrogacy, is considerably naïve.

I am sure this is a solo run by the Minister. I have seen the incredible work by the members of this committee and it is my privilege to serve with them. In particular, I would point to my Fianna Fáil colleagues, Senator Erin McGreehan and Deputy Jennifer Murnane O'Connor, who have been exceptional and who have sat with families and heard their lived experience and hardship, and have been really moved. They have been fantastic advocates. I am confident the Minister’s statement is not in the agreement with their thinking. I am also confident it is not in agreement with the Taoiseach's thinking, given he was the first to launch the assisted human reproduction review and prospective legislation in 2005. I am fairly sure he does not support the Minister's perspective. I am absolutely confident my own party colleagues at Cabinet do not support this kicking the can down the road attitude. I support Deputy Funchion’s call to have the Minister come before the committee. I would support the committee, if it was deemed appropriate, issuing a press statement questioning the statement of the Minister on the record of the Seanad yesterday. Clarification is needed as it would appear he is departing from agreed Government policy without recourse to his Government and Cabinet colleagues, and he is also being disrespectful of and undermining the work of this committee.