Oireachtas Joint and Select Committees

Wednesday, 24 January 2024

Select Committee on Health

Health (Assisted Human Reproduction) Bill 2022: Committee Stage

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein) | Oireachtas source

Yes, I think a clarifying note would be helpful. For me, the thrust of the issue is the legal threshold here. The Minister hit the nail on the head when he asked what the definition of "satisfied" is because the organisations are concerned about what their legal obligations are. Insofar as they can, they will try to meet those obligations but it needs to be made very clear what they are. We do not have access to the legal advice the Minister and his officials have received but I am assuming that lots of legal opinion was sought on many issues in relation to this Bill. It is important that we clarify, not for me or for anybody on the committee, but for those providers, that what is being asked of them is exactly as was outlined to us in the briefing session. There is a self-declaration form that intending parents will have to fill out. There obviously has to be a level of trust, that those providers can trust the information they are getting and that has to be accepted but if there are any other obligations on providers, they need to be spelled out. That is not really clear and that is why there is some confusion as what the bar is and what they need to do to be "satisfied". A briefing note for us is one thing but what is in legislation is something else. In that context, has the Minister looked at a definition of "satisfied" or something in the Bill that outlines what the term means a bit more clearly? Is that something that could be looked at on Report Stage? We have seen this previously, where notes were given to Oireachtas Members as part of debates but it is what is in the legislation that is important.

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