Duncan Smith (Dublin Fingal, Labour) | Oireachtas source

The Bill before us can be viewed as technical and complex, and when taken with the AHR Bill, it is many of those things. However, at the heart of this debate and this Bill is one simple question - should the children born to LGBTQ+ couples have one legal parent or two? It is that simple. We cannot accept the nine-month delay, given the reasons that have been outlined, the life cycle of this Government and what the Minister said about the AHR Bill and having two parallel processes.

We understand the complexities of parliamentary procedure but we are still bringing this forward because we believe the full provisions of this Bill need to be included. That is why we are here and are against the nine-month timed delay. We are of the clear view that it is in the best interests of the child that he or she can form a full legal relationship with both parents. Many of my constituents would be amazed we are even having this debate. Most people in Ireland believe this issue was, or should have been, put to bed in 2015 when more than 1 million people voted in favour of marriage equality. The Bill before us, a result of much work by LGBT Ireland and Dr. Claire O'Connell, plugs the holes and gaps left by the 2015 Act that have impacted on and been borne by LGBTQ+ families.

The 2015 Act also forces same-sex couples to go through expensive clinical procedures that are often unnecessary. The result is economic injustice, as well as the other injustices. It means that only couples with the means to pay for clinical procedures can avail of the rights on offer. Rights should not come with a price tag. I understand, despite his 15-minute contribution earlier, that the Minister has no plans to change this. Beyond the economic argument, this is a reproductive rights issue. People should be free to reproduce in the comfort and privacy of their homes and not be denied rights for making that choice. The Minister spoke to that earlier, saying there is no clinical need to be outside the home. In 2018, the voice of the people was clear when they saiden masse, "Not the Church, not the State, women must decide their fate". This is being denied even with what is offered in the Minister's AHR Bill. The Minister stated his concerns about identity screening and informed consent. All of these issues are addressed in this Bill. If other EU countries can do this, why can we not? There is simply no excuse. That is why are bringing this Bill forward.

It is our understanding that the Government is bringing forward amendments to the assisted human reproduction Bill. However, it is not enough. Even the efforts the Minister referenced when he went off-script in his contributions earlier do not meet the full provisions in the Labour Party-sponsored Bill, which has cross-party support. We saw from the gathering outside Leinster House on Tuesday that there is cross-party support for this Bill and a need for it. It will not impact thousands of families but it will impact hundreds, as the Minister said himself, who have remained on the outside since 2015.

Another important issue is judicial discretion, which was outlined clearly by my party leader and the proposer of this Bill, Deputy Bacik, in her opening contribution. As she said, she has experience practising law and knows how that discretion can be applied in court, particularly in the family courts. Therefore, the Minister's response to that is weak and another reason we do not accept this timed amendment.

I will conclude where I began. The granting of full parentage profoundly impacts children and parents, particularly when children are sick. It provides security, comfort and legal confirmation of a practical reality. We have not brought this Bill to cause discord or throw the assisted human reproduction Bill off track but to plug the holes and gaps that remain. There is time in the lifetime of this Government to amend the assisted human reproduction Bill and to bring this Bill forward and include all of its provisions. I ask that the Government do so, even at this stage.

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