Results 10,061-10,080 of 20,459 for speaker:Frances Fitzgerald

Seanad: Children and Family Relationships Bill 2015: Report and Final Stages (30 Mar 2015)

Frances Fitzgerald: I cannot understand why Senator Mullen would use the phrase "timid" when the reality is that the provisions in the legislation will allow the court, if the failure is ongoing, to order the clinic to cease providing donor assisted human reproduction services. That will have serious financial and reputational repercussions for the clinics concerned and would be a strong incentive to comply...

Seanad: Children and Family Relationships Bill 2015: Report and Final Stages (30 Mar 2015)

Frances Fitzgerald: Section 32. The Minister may make a further application to the court under subsection (5) and if that failure is then ongoing, as I said, the Minister can order the clinic to cease providing the services. I think it is very clear. The key issue in enforcing compliance is a robust inspection regime under which the officers designated by the Minister for Health will be able to inspect the...

Seanad: Children and Family Relationships Bill 2015: Report and Final Stages (30 Mar 2015)

Frances Fitzgerald: Closure.

Seanad: Children and Family Relationships Bill 2015: Report and Final Stages (30 Mar 2015)

Frances Fitzgerald: I do not agree with Senator Mullen's analysis of the provisions. If another commercial service in another area were forced by the court to cease a part of its operations, that would not be a timid response. The service operator would view it as a serious problem and would quickly take action to enable it to resume operations. The intention is to bring the DAHR facilities into compliance to...

Seanad: Children and Family Relationships Bill 2015: Report and Final Stages (30 Mar 2015)

Frances Fitzgerald: In this legislation we are regulating the area for the first time. A broader assisted human reproduction Bill is necessary but we have dealt with the parentage issues. We are not legislating on the whole AHR area here, as I have said again and again. We are dealing with particular issues in respect of parentage and these provisions are designed to ensure there is compliance and there are...

Seanad: Children and Family Relationships Bill 2015: Report and Final Stages (30 Mar 2015)

Frances Fitzgerald: I believe a closure order is a serious sanction. Is Senator Mullen suggesting that a closure order does not constitute a serious consequence for services such as this? Some of his other assertions are ridiculous.

Seanad: Children and Family Relationships Bill 2015: Report and Final Stages (30 Mar 2015)

Frances Fitzgerald: It can be closed down if it is not cleared.

Seanad: Children and Family Relationships Bill 2015: Report and Final Stages (30 Mar 2015)

Frances Fitzgerald: Some of Senator Mullen's allegation are ridiculous. On the one hand, people are saying that I am not consulting the clinics enough, whereas Senator Mullen tells me I am in the pockets of the clinics. One would not think that when one reads their submissions and what they have to say about the approach I have taken, in regard to moving from anonymous donation to identifiable donation. My...

Seanad: Children and Family Relationships Bill 2015: Report and Final Stages (30 Mar 2015)

Frances Fitzgerald: The Senators raise an important point concerning information about a child's origins and identity. In the first instance, it is preferable if parents discuss the issue with and inform their child. The comments by the Institute of Obstetricians and Gynaecologists were connected to the type of counselling a couple would receive in the first instance and the need to fully discuss these types...

Seanad: Children and Family Relationships Bill 2015: Report and Final Stages (30 Mar 2015)

Frances Fitzgerald: The donor-conceived child will have the option of contacting the donor and can ask for this information if he or she wishes. As I have already said, the broader medical information will be dealt with in the Bill currently with the Department of Health. It will set out the rules under which the Minister for Health may be asked to contact a donor or a donor-conceived child in the unlikely...

Seanad: Children and Family Relationships Bill 2015: Report and Final Stages (30 Mar 2015)

Frances Fitzgerald: I have nothing further to add.

Seanad: Children and Family Relationships Bill 2015: Report and Final Stages (30 Mar 2015)

Frances Fitzgerald: Amendments Nos. 68 and 69 would set out a rebuttable presumption of guardianship in favour of a non-marital father. I thank Senator Averil Power for proposing these interesting and thought-provoking provisions. I fully understand her rationale for doing so and know that she is keen to provide an early legislative response to address the issues of non-marital fathers. Despite this, I am not...

Seanad: Children and Family Relationships Bill 2015: Report and Final Stages (30 Mar 2015)

Frances Fitzgerald: I think the Senator understands the situation. I had taken a number of initiatives to make it easier for non-marital fathers to become guardians and the changes and the information campaign to which we are committed in regard to the statutory declaration will make quite a difference. The Senator has just heard my reply to Senator Power and I thank her for the approach she has taken in...

Seanad: Children and Family Relationships Bill 2015: Report and Final Stages (30 Mar 2015)

Frances Fitzgerald: It is striking how many people have raised this issue in the debate in the Dáil and here, although it has never been done before and has not been the subject of any public debate. I have begun to examine it and staff in the Department have been considering the range of issues that would be involved. It is a big job to establish this. It will take work because there are issues...

Seanad: Children and Family Relationships Bill 2015: Report and Final Stages (30 Mar 2015)

Frances Fitzgerald: I have had a further discussion with the Adoption Authority on the points the Senator made since we discussed this here last week. It is absolutely the practice that the mother’s wishes in respect of the adoptive family are taken fully into account. We do not put into the statute that the mother decides because under the Hague Convention it is the central authority which makes the...

Seanad: Children and Family Relationships Bill 2015: Report and Final Stages (30 Mar 2015)

Frances Fitzgerald: The arguments that are being put forward are an attempt to create a hierarchy of adopters.

Seanad: Children and Family Relationships Bill 2015: Report and Final Stages (30 Mar 2015)

Frances Fitzgerald: This is what is being suggested in these amendments.

Seanad: Children and Family Relationships Bill 2015: Report and Final Stages (30 Mar 2015)

Frances Fitzgerald: My amendments are intended to ensure that couples may be eligible to adopt jointly. It is then the function of Tusla to carry out a suitability assessment. Significant information is given to the birth mother and, rightly, huge weight is given to her views. The birth mother, quite rightly, already has a significant input into the selection of a potential adopter. I am informed by the...

Seanad: Children and Family Relationships Bill 2015: Report and Final Stages (30 Mar 2015)

Frances Fitzgerald: At present, as the Senator knows, a married couple and single people can adopt. In the Bill, we are allowing cohabiting couples to adopt. This is different, but the same principles around assessment continue to be in place. There is no change to that. Many couples who wish to adopt find the suitability tests carried out by Tusla very intrusive, and with justification. Their strengths and...

Written Answers — Department of Justice and Equality: Legal Aid (31 Mar 2015)

Frances Fitzgerald: As the Deputy will be aware, it is not within my function as Minister for Justice and Equality to provide legal advice to persons charged with offences before the courts. Under the Criminal Justice (Legal Aid) Act, 1962 free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. The courts, through the judiciary, are...