Emer Higgins (Dublin Mid West, Fine Gael) | Oireachtas source

Maybe we have three on the Bench today regarding that question.

In her statement, Dr. Mulligan summed up pretty perfectly the challenges that will arise from a legal, but more importantly from a moral perspective, and the safeguards and all the huge questions that will arise which the committee will try to tease out over the next nine months.

Senator Mullen spoke about the change of culture and the phrase being used in the Fleming determination. My interpretation of that judgment is that the reason for such reluctance to make a decision in favour of Ms Fleming was there would be implications for society at large and that it is not the remit of the courts to make any determination that would have huge societal implications and new legal parameters and bases. It is up to us, as an Oireachtas, to legislate for that.

Reference was made earlier to the Joint Committee on International Surrogacy, of which I was a member. We navigated through that space with considerable legal assistance. On that change of culture, I ask for clarification that this is the distinction between the Oireachtas and the courts.