Dáil debates

Wednesday, 23 March 2022

Health (Assisted Human Reproduction) Bill 2022: Second Stage

 

4:37 pm

Photo of Pádraig O'SullivanPádraig O'Sullivan (Cork North Central, Fianna Fail) | Oireachtas source

Aontaím leis na cainteoirí a labhair níos luaithe. Bhíos ag éisteacht leis an díospóireacht thuas staighre. Is rud coimpléascach é seo. Ag an am céanna, tá sé an-tábhachtach agus aontaím leis an mbéim atá na cainteoirí eile tar éis a chur ar an tábhacht sin. Is annamh an rud é le feiscint go bhfuil beagnach gach duine ag aontú faoi na prionsabail sa Bhille seo.

I welcome that this legislation is finally making its way through the Houses. It is much-needed and long awaited. For the first time, all forms of assisted human reproduction will be regulated, including IVF, embryo screening and surrogacy. It has been five years since legislation began to be drafted and more than 15 years since the commission on assisted human reproduction called for new laws in this area. I agree with the comments made by the Minister, Deputy Stephen Donnelly, when putting the legislation before Cabinet that it will finally "ensure assisted human reproduction ... practices and [other] related areas ... are conducted in a ... consistent and standardised way and [very importantly] with necessary oversight".

The new legislation will provide for a new assisted human reproduction regulatory authority that will be responsible for regulating treatments, licensing and regulating surrogacy, pre-implantation genetic diagnosis, embryo screening procedures and posthumous assisted human reproduction, which is where pregnancy is achieved using the gametes of a deceased person. This new regulatory authority will be crucial in providing appropriate clinical care and ensuring appropriate clinical practices in the State for the first time. Most importantly, children born as a result of assisted human reproduction will be at the centre of the process. This legislation will assist thousands of people who wish to have children through AHR and will finally provide legal clarity for families at the centre of it.

The area of real concern I see is that by the Department of Health's own admission, the new legislation focuses entirely on this jurisdiction and does not necessarily address international surrogacy. In this respect, I welcome the establishment of a special Oireachtas committee to examine further issues like these as this legislation continues to progress through the Dáil.

I understand that the committee will make its recommendations within three months.

My other main concern with the legislation is that I am not sure that it makes domestic surrogacy as attractive as commercial surrogacy in other jurisdictions. What is provided for in the Bill is definitely not more attractive than going abroad for surrogacy purposes. While I respect the motivations and intent behind the Bill to make services more accessible for prospective parents, I am not sure that it goes far enough in providing them the necessary legal protections. I would appreciate it if, in his closing comments, the Minister of State, Deputy Feighan, made some remarks about the difficulties faced by parents and their new babies when they return to Ireland. Will he clarify whether returning mothers will be entitled to, for example, maternity leave?

I broadly welcome the Bill and this debate. In recent years, I have been contacted by many parents who have faced the heavy financial burden of undertaking AHR, the mental consequences and stresses the process can cause, and the legal limbo that many have found themselves in for a long time. I welcome this conversation because it is finally an attempt to do the right thing in what is a complex area.

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