Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I move amendment No. 33:

In page 25, to delete lines 21 to 36, and in page 26, to delete lines 1 to 35 and substitute the following:"Use of gamete or embryo in DAHR procedure

24. (1) The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure a gamete provided by a donor unless--

(a) the gamete has been acquired in accordance with section 22(1), and

(b) the donor of that gamete--

(i) has consented under section 6to the use of the gamete in a DAHR procedure, or

(ii) where the gamete is acquired from outside the State, has consented to the use of the gamete in a DAHR procedure, where that consent is substantially the same as that provided for in section 6.

(2) The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure or a further DAHR procedure an embryo unless--

(a) it has acquired the embryo in accordance with section 22(2), and

(b) the donor, or as the case may be, each donor of the embryo--

(i) has consented under section 14, to the use of the embryo in a DAHR procedure or, as the case may be, a further DAHR procedure, or

(ii) where the embryo is acquired from outside the State, has consented to the use of the embryo in a DAHR procedure or a further DAHR procedure, where that consent is substantially the same as that provided for in section 14.

(3) The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure a gamete provided by a donor, where he or she has become aware that--

(a) the consent of the donor under section 6has been revoked under section 8, or

(b) in the case of a gamete to which subsection (1)(b)(ii)or (5)applies, the consent of the donor referred to in that subsection has been revoked.

(4) The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure or a further DAHR procedure an embryo where he or she has become aware that--

(a) the consent of the donor under section 14 has been revoked under section 16, or

(b) in the case of an embryo to which subsection (2)(b)(ii)or (6)applies, the consent of the donor referred to in that subsection has been revoked.

(5) Notwithstanding subsection (1), for a period of 3 years from the date on which that subsection comes into operation, a gamete to which paragraph (a)of that subsection does not apply may be used in a DAHR procedure where--

(a) the gamete concerned has been acquired before that date by the DAHR facility concerned,

(b) the donor of the gamete has consented to the use of the gamete in a DAHR procedure, and

(c) the intending parent is the parent of a child born as a result of a DAHR procedure performed before that date, where the gamete used in that procedure was provided by the same donor.

(6) Subsection (2)(a)shall not apply to an embryo where--

(a) the embryo was formed before the date on which the subsection comes into operation,

(b) the embryo was acquired by the DAHR facility before that date, and

(c) the donor or, as the case may be, each donor of the embryo has consented to the use of the embryo in a DAHR procedure or a further DAHR procedure.

(7) Where an embryo to which subsection (6)applies is used in a DAHR procedure or a further DAHR procedure, nothing in this section shall operate to prevent the recording on the Register of the information specified in section 31(3)(d)in respect of the donor from whose gamete the embryo was formed.

(8) The operator of a DAHR facility may use or permit to be used in a DAHR procedure an embryo that was formed before the date on which this subsection comes into operation, where--

(a) the embryo has been formed for the purposes of the DAHR procedure,

(b) the donor of the gamete that was used in the formation of the embryo has consented to the use of the gamete in a DAHR procedure, and

(c) each person who, at the time of the formation of the embryo, was an intending parent, has consented under section 9, or as the case may be, section 11, to the parentage under section 5of a child born as a result of the procedure.

On Committee Stage I indicated my intention to make certain amendments in this section, in particular to clarify the nature of a donor's consent referred to in subsections (5)(b) and (6)(c). Both subsections refer to gametes and embryos, possibly anonymously sourced, which are the subject of certain transitional arrangements. The original information specified that the consent should be substantially the same as that provided in sections 6 and 14. However, given that those consents are so focused on the identity of the donors, I concluded that this threshold was too high and would make the transition provision unworkable. Accordingly, I have changed those to specify that the donor has consented to the use of the gamete or embryo in a donor-assisted human reproduction procedure. The revised provision also includes a new subsection (8) which clarifies that where a person or a couple have existing embryos created using an intending parent's gamete and a donor gamete, there is no legal barrier to their using those embryos in a DAHR procedure. There are also consequential amendments and cross-references to the new section that is inserted by amendment No. 19.

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