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Seanad: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (20 Jun 2024)

Rónán Mullen: Senator Seery Kearney has raised a very fair and important question. She makes her point eloquently as always. While I disagree with her, we are getting to the important core of this. This was something about which I meant to speak in my response. The Senator said we assume every mother is perfect. She suggested there was an assumption in our amendments that every mother is perfect, etc....

Seanad: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (20 Jun 2024)

Rónán Mullen: We will not press it at this point.

Seanad: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (20 Jun 2024)

Rónán Mullen: As it was discussed, regarding amendment No. 21, the Minister-----

Seanad: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (20 Jun 2024)

Rónán Mullen: No, but the Minister spoke to it and I just want to say-----

Seanad: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (20 Jun 2024)

Rónán Mullen: I only want to say one thing, which is that it is incorrectly drafted and is in error, and it will be brought forward in a more correct form on Report Stage.

Seanad: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (20 Jun 2024)

Rónán Mullen: It is withdrawn.

Seanad: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (20 Jun 2024)

Rónán Mullen: Sorry, was it moved? May I ask the assistance of the secretariat, through the Chair? We may move, withdraw and then bring forward on Report Stage if we deem fit? Is that correct?

Seanad: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (20 Jun 2024)

Rónán Mullen: Yes.

Seanad: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (20 Jun 2024)

Rónán Mullen: I move amendment No. 2: In page 22, between lines 34 and 35, to insert the following: “(4)Nothing within this Act or any regulation set in relation to this Act shall violate the Oviedo Convention.”.

Seanad: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (20 Jun 2024)

Rónán Mullen: I move amendment No. 4: In page 28, between lines 15 and 16, to insert the following: “(ii) assisted human reproduction should only be provided where such treatment does not pose a disproportionate risk to the health of a child that may be born as a result of such treatment, (iii) an AHR treatment provider shall not provide AHR treatment to a relevant person unless the provider is...

Seanad: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (20 Jun 2024)

Rónán Mullen: I move amendment No. 5: In page 34, between lines 20 and 21, to insert the following: “(a) any potential or relevant donor shall be required to sign a declaration demonstrating they understand the risks and effects of their decision. This shall include a legally binding commitment to care for a child in the event they are disabled or don’t possess certain characteristics....

Seanad: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (20 Jun 2024)

Rónán Mullen: I thank the Minister for the reply. I will take a look again at the positioning of things. I will request to withdraw the amendments, by leave of the House, in a moment. I will make some quick points that are relevant here and I might ask the Minister a question. It is well worth our considering what the obligations of a donor should be where a person gives their own gametes for use in...

Seanad: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (20 Jun 2024)

Rónán Mullen: I have not touched on the issue of disability. This is something I might ask the Minister to assist me with. In the event that a child is the subject of a surrogacy contract or agreement and, in the course of the pregnancy, it emerges that the child has a disability, sadly in the world we now live in it is considered acceptable to end the life of that child where they have a disability in...

Seanad: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (20 Jun 2024)

Rónán Mullen: It does, because we are talking about what happens to a child if he or she is disabled or does not possess certain characteristics. I am asking for assistance about what the Bill proposes. If the Minister prefers to give it to me at a later point, that is fine. If he wants to specify that point, that is fine. It is a reasonable question and it deserves a reasonable answer.

Seanad: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (20 Jun 2024)

Rónán Mullen: Does that mean that there is and can be no input from the intending parents who are engaging in a surrogacy agreement into any decision about whether a child who in utero has a disability lives or dies?

Seanad: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (20 Jun 2024)

Rónán Mullen: Is there a legal prohibition on there being any stipulation or any change in the agreement around moneys to be paid or conditions in the surrogacy agreement? Even if it is entirely the surrogate's decision in respect of the continuation of a pregnancy, is it the provision of the Bill that that decision will not and cannot interfere with any of the provisions of the surrogacy agreement and...

Seanad: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (20 Jun 2024)

Rónán Mullen: If there are provisions in the surrogacy agreement, presumably it provides for the payment of reasonable expenses and so on. Are there other elements of the surrogacy agreement that might depend on whether the surrogate has the child or not? Could there be elements of the agreement that would depend on whether the surrogate has a child or not? I am trying to establish whether anything...

Seanad: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (20 Jun 2024)

Rónán Mullen: I move amendment No. 6: In page 43, between lines 18 and 19, to insert the following: “(2) Any potential or relevant donor shall be required to sign a declaration demonstrating they understand the risks and effects of their decision. This shall include a legally binding commitment to care for a child in the event they are disabled or don’t possess certain characteristics....

Seanad: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (20 Jun 2024)

Rónán Mullen: It is about time.

Seanad: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (20 Jun 2024)

Rónán Mullen: I would also like a bit of clarity on the latter point. I heard what Senator Sherlock said last week and I heard the Minister’s response. I did actually wonder why he used the word “unethical”. I wondered if there were some facts at the Minister’s disposal that he was not sharing with us. I could understand why the Minister might say the letter from these...

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