Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

The discussion was considered, as were the two similar amendments, and I thank both Deputies for tabling them. I understand that the intention is to seek a derogation for medical practitioners from the prohibition on knowingly providing a service that is to give effect or further effect to non-permitted international surrogacy. There are two points I want to make. First, section 89(5) already gives an exemption in regard to medical treatment for a pregnant woman, that is, there is a full exemption if the woman is pregnant, so we are talking only about advice ahead of pregnancy.

Second, the protections in place for the medical practitioner within the Bill as it stands are already very strong. A very high bar will have to be reached in order for a medical practitioner to have committed an offence and, specifically, it would have to be proven, which would be very difficult, that the individual had knowingly participated in a non-permitted surrogacy arrangement or a service they knew was directly related to a non-permitted surrogacy arrangement. A very broad protection is quite rightly in place for medical practitioners. The Bill before us provides that it will be only in the case of a woman who is not pregnant where advice is given to knowingly facilitate what would be a non-permitted international surrogacy or where a service is provided to knowingly facilitate a non-permitted international surrogacy. That is the only case where it will apply.

What we are doing here is similar to the requirement to follow the rules for intending parents, which we discussed earlier, as set out in the Bill and enforced by the authority, and this is simply saying that will apply to medical practitioners as well. Obviously, if a woman is pregnant, they can provide whatever advice they want, but they must not knowingly provide medical advice to facilitate an international surrogacy they know is not permitted. That is the only circumstance this will apply to. It is modest, but it is important to include it to provide some boundaries for the protections we want to be in place for permitted international surrogacies.

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