Oireachtas Joint and Select Committees

Wednesday, 17 January 2018

Joint Oireachtas Committee on Health

General Scheme of the Assisted Human Reproduction Bill 2017: Discussion

9:00 am

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

We all recognise the degree to which childless couples look forward to us progressing this proposal by way of legislation. The advances in medical science are also eagerly awaited and we have all had representations from constituents on the matter. We have to be positive and constructive and recognise that there are also some pitfalls which we need to avoid so that we can reassure the general public, particularly those who become parents in this context, that everything is in order and regulated for.

How will the regulatory authority be constructed? I assume legal, medical and scientific interest will have to be represented. Consent relating to storage and disposal is fine if one can get consent but it may well be that the people concerned are no longer with us. I would like some clarification on this matter as I am aware of a number cases, internationally, which have been very hard fought in this area.

I assume birth certificates will eventually be as normal, with no reference to the methodology, and I assume they will just show the parents. Might they also show details of a surrogacy? I do not want to go into the question on sex selection as it has already been discussed, other than to emphasise the importance of ensuring there is absolute clarity as to what the purpose of the exercise is. We recognise that, in certain cases, a gene might be carried in one line but not in another and this might be of huge importance to a potential parent in avoiding an inherited difficulty that they might have cause to regret for the rest of their lives. We need to ensure, however, from an ethical viewpoint that everything is done as it should be done.

There are provisions for relevant parties to have received counselling and to have given their informed consent, and there is a requirement for a one-year grieving period to have elapsed since the partner's death. Can the witnesses elaborate on that and give the committee an indication of the thinking behind these provisions? We have an idea of what they are but it is important to explain the detail so that participants and the general public may be reassured.

There were a number of cases, though not in this country, where relationships had broken up and legal cases were taken in which consent was sought after the break-up. Can the witnesses clarify how we anticipate dealing with such situations? These things do happen and, under Murphy's law, if it can happen it will happen.

That is not a reference to my colleague. Suffice it to say it would be very important to have reassurance in this area. With all due deference to my legal colleague, who has just left, when there are legal possibilities, they could well become legal realities and major difficulties in what we are trying to do. We have referred to storage issues and further counselling. Will the witnesses give some further clarification on age restrictions on donors, which is important? It will be a matter for query. The age restriction could be a major issue in some cases. I have many other questions but we might get some answers to those for a start.