Oireachtas Joint and Select Committees

Wednesday, 24 January 2024

Select Committee on Health

Health (Assisted Human Reproduction) Bill 2022: Committee Stage

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I move amendment No. 7:

In page 13, line 14, to delete "or embryos" and substitute ", embryos or tissues".

There is a substantial number of amendments in this grouping that deal with one of the material changes being made. They seek to allow for cryopreservation and the storage of ovarian tissue and testicular tissue. This is for the purpose of assisted human reproduction. It is mind blowing to be honest. If somebody is going to go through treatment for cancer then ovarian tissue and testicular tissue can be taken out. It is a procedure about which I am not entirely sure so I will spare the details. Essentially it can help a patient to produce eggs and sperm after treatment later on in life. It is amazing new technology. It is another method of fertility preservation. It is not widely used in Ireland but it is very relevant for prepubescent children and, typically, cancer patients. It is the type of treatment we hope to see become more widely available in Ireland. This is what the amendments seek to do.

The amendments as tabled state that where a person has defaulted on a payment for storage of their tissue, the clinic can dispose of that tissue. Deputy Shortall's amendment, if I understand it correctly and I ask Deputy Shortall to correct me if I am wrong, removes this clause and replaces it with an obligation on the clinic to further engage with the person whose tissue is being stored.

I have a lot of sympathy with the amendments the Deputy has put forward. On reflection, I agree with the principle I think she is seeking to bring in here, whereby it seems a bit harsh that if somebody misses a single payment, the clinic could just say that is it. Anyone could miss a single payment. They could lose their job or God knows what. They might have to pay some other bill. It seems harsh that that would allow a clinic to immediately say that because they had missed their 2024 payment or their quarter 1 payment and that is that. I agree with the Deputy in that regard.

I think, however, that we need to go a bit further than "engage with" because if, ultimately, all the clinic can do is engage if somebody never pays, my fear is that, commercially, people might not provide the service. I would like to reflect on it further and we might discuss it outside of committee, or now, with a view to potentially bringing forward Report Stage amendments. It might relate to, for example, where somebody has not paid for a period of a year or something. I do not quite know, but I agree with what I think the Deputy is seeking to do here.

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