David Cullinane (Waterford, Sinn Fein) | Oireachtas source

I supported the retrospective parental recognition for the same reasons as the Minister and others did. It was because it was the right thing to do. I also support putting in place a new regime, a new set of regulations and a new process that allow for international surrogacy in a way that no other country has done. We are agreeing here. I have to put my cards on the table and say that we are all signing up to this process. There cannot be any bypassing of the process. I have made it clear publicly, and I will say it again here, that once we agree the legislation and the rules, people will have to abide by them. I do not see it as harsh. I see it as making sure we take into account all the moral and ethical issues that have been raised, particularly regarding avoiding commercial surrogacy and putting in place arrangements which I think we all agree with. We have had very straight and frank conversations about them and I fully support the logic of the Bill and of everything the Minister is trying to do. I have been saying that for some time.

I am very taken by what the Minister has said. I would be very concerned if there was any possibility that the safeguards we have put in place could be bypassed by some sort of open-door system. I am seeking clarity from the Minister on this. If I am right, what I think he is saying is that the concern that has been expressed to him, or the concern he has, is that if we accept this amendment, the courts will decide. The Minister is right; all the other issues he has raised are real possibilities but the court would have to take the primary concern of the best interests of the child. A court or a judge could decide that it is in the best interests of the child to set aside all the other protections and there is nothing I, the Minister or anybody else can do about it. That would go against the logic of the Bill and of what we are saying to people, which is that we are setting up rules and asking people to abide by those rules and if people do not and engage in commercial surrogacy or bypass the regulations, parental recognition will not be forthcoming. I think that is the right course of action. I will listen to what the Minister says when he replies but I am very taken by his initial response.

See this speech in context