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Seanad: Children and Family Relationships Bill 2015: Committee Stage (26 Mar 2015)

Rónán Mullen: That is not necessarily families. An individual person may procure a donation. Is that correct? A single person, for example.

Seanad: Children and Family Relationships Bill 2015: Committee Stage (26 Mar 2015)

Rónán Mullen: The family will be when the child comes along. I presume that is what the Minister means.

Seanad: Children and Family Relationships Bill 2015: Committee Stage (26 Mar 2015)

Rónán Mullen: I move amendment No. 36: In page 29, after line 38, to insert the following:“(9) (a) The operator of a DAHR facility commits an offence if he or she makes or permits to be made an appointment or any other arrangement for or on behalf of an intending parent or parents with a person or facility that provides anonymous gamete donation services outside the State. (b) A person who commits...

Seanad: Children and Family Relationships Bill 2015: Committee Stage (26 Mar 2015)

Rónán Mullen: It is intended to be punitive. That is the nature of criminal law.

Seanad: Children and Family Relationships Bill 2015: Committee Stage (26 Mar 2015)

Rónán Mullen: I only heard the second half of the Minister's reply. I take it she is not accepting my amendment.

Seanad: Children and Family Relationships Bill 2015: Committee Stage (26 Mar 2015)

Rónán Mullen: My apologies, I will resubmit amendment No. 37 on Report Stage.

Seanad: Children and Family Relationships Bill 2015: Committee Stage (26 Mar 2015)

Rónán Mullen: I move amendment No. 40: In page 34, to delete lines 37 to 40 and substitute the following: "(6) An operator of a DAHR facility commits an offence if he or she fails in their obligations to comply with section 28 to the extent of causing the Circuit Court to make an order under subsection (3). (7) A person who commits an offence under this section is liable—(a) on summary conviction...

Seanad: Children and Family Relationships Bill 2015: Committee Stage (26 Mar 2015)

Rónán Mullen: She is not being insulted.

Seanad: Children and Family Relationships Bill 2015: Committee Stage (26 Mar 2015)

Rónán Mullen: It is almost as though the Government is laughing up its sleeve. It is bizarre that there is so little sanction on the clinic when one considers the consequences of a failure to be compliant. It is that a child or children would be deprived in perpetuity of knowing who they are. Is it possible that that is of such little consequence, even though the Government is purporting to prohibit an...

Seanad: Children and Family Relationships Bill 2015: Committee Stage (26 Mar 2015)

Rónán Mullen: To paraphrase another poet, Senator Norris never deviates into sense, except on this occasion on one point. He is right about appeals. Perhaps in the AHR legislation that we are being promised it could be dealt with under the heading of "Miscellaneous". To mix up contempt of court with sanction for an offence is simply not rational or logical, because contempt of court relates to punishing...

Seanad: Children and Family Relationships Bill 2015: Committee Stage (26 Mar 2015)

Rónán Mullen: Does the Minister accept that a failure to keep a record such that it would deprive a child of ever knowing who his or her genetic parent was is a serious injustice to that child?

Seanad: Children and Family Relationships Bill 2015: Committee Stage (26 Mar 2015)

Rónán Mullen: Senator Bacik has been missing for most of the debate and now she considers a question is completely irrelevant.

Seanad: Children and Family Relationships Bill 2015: Committee Stage (26 Mar 2015)

Rónán Mullen: No.

Seanad: Children and Family Relationships Bill 2015: Committee Stage (26 Mar 2015)

Rónán Mullen: She was eloquent in her silence.

Seanad: Children and Family Relationships Bill 2015: Committee Stage (26 Mar 2015)

Rónán Mullen: I move amendment No. 43: In page 35, line 20, to delete “18 years” and substitute “16 years”.My amendment would provide for the right of a donor-conceived child to access information from the age of 16 years. This amendment is being proposed in the context of it being a very unhappy situation to begin with. Anything that would lessen the deprivation of access of...

Seanad: Children and Family Relationships Bill 2015: Committee Stage (26 Mar 2015)

Rónán Mullen: I thank the Minister for her response to amendment No. 49. However, she seems to say that it is not necessary to require that there be sufficient "gravity", as distinct from sufficiency of "reason", to persuade the Minister to withhold the information. We should remember what is involved here, the denial of the knowledge of who he or she is to a child. The Minister seems to say that this...

Seanad: Children and Family Relationships Bill 2015: Committee Stage (26 Mar 2015)

Rónán Mullen: Recently, in Brussels, we were discussing complex legislation going through the European institutions, and it was like getting blood out of a stone trying to get the bureaucracy to make concrete what it was proposing and to give real-life examples that would illustrate the choice it had to make. It seems we are teetering in that direction here. The Minister made some attempt, by referencing...

Seanad: Children and Family Relationships Bill 2015: Committee Stage (26 Mar 2015)

Rónán Mullen: I wanted to know, first, whether it is only in circumstances of questions about safety that the information would be withheld. Second, is the Minister's satisfaction on that point an objective or a subjective test?

Seanad: Children and Family Relationships Bill 2015: Committee Stage (26 Mar 2015)

Rónán Mullen: Is the satisfaction of the Minister that sufficient reasons exist to withhold the information an objective or a subjective test?

Seanad: Children and Family Relationships Bill 2015: Committee Stage (26 Mar 2015)

Rónán Mullen: I could conceive of circumstances in which somebody who wanted to prevent his or her identity from becoming known might construct allegations that were not well founded. Therefore, it is not a matter of objective facts. It is a question of whether it would be required for the Minister to be objectively satisfied. Otherwise, if it was merely a subjective test, it could be that a Minister...

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