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 will read out the note I have before me. The amendments seek to allow for payments to donors beyond reasonable expenses and the Deputies have laid out the rationale for that. They also seek to allow the Minister to designate a cryobank or a donation facility for the purpose of the amendments. In line with EU law in the area, specifically the bloods and tissues directive, which has been transposed into Irish law through the European Communities (Quality and Safety of Human Tissues and Cells) Regulation 2006, the Bill allows for the payment of only reasonable expenses for the donation of gametes. This is an approach that was also followed in the Children and Family Relationships Act 2015. The directive will soon be replaced by a regulation on the standards of quality and safety of substances of human origin intended for human application, otherwise known as the SoHO regulation. This will similarly allow for payments to donors only for losses relating to their donation, as opposed to payment or profit. As a regulation, this rule will have a direct effect in Ireland. As such, the proposed amendments would be in conflict with the current approach in Irish legislation and our obligations under both current and incoming EU law. For this reason, I cannot accept the amendments.

I might ask my officials whether there is anything to supplement that.

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