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

Rónán Mullen: I move amendment No. 39: In page 28, between lines 16 and 17, to insert the following:“(4) A person shall not perform a DAHR procedure unless account has been taken of the welfare and best interests of any child who may be born as a result of the treatment.”.I will not detain the House long because we discussed the matter to which this amendment relates on Committee Stage. The...

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

Rónán Mullen: I second the amendment.

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

Rónán Mullen: I move amendment No. 43: 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: Report and Final Stages (30 Mar 2015)

Rónán Mullen: This amendment would provide that:The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure a gamete or an embryo provided by a donor where - (a) the donor of that gamete or embryo, as the case may be, and the intending parent or any one of the intending parents, as the case may be, are within the prohibited degrees of relationship as set out inPart 1of the...

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

Rónán Mullen: I apologise. The Minister may take what I have said already as read. Amendment No. 43 refers to where the operator of a DAHR facility commits an offence. I spoke on this issue on Committee Stage. Basically, the amendment would establish that it is an offence to facilitate an arrangement involving anonymous gamete donation services from outside the State. As I said on Committee Stage, the...

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

Rónán Mullen: Yes.

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

Rónán Mullen: Vótáil.

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

Rónán Mullen: I move amendment No. 44: In page 30, before line 1, to insert the following:“Prohibition on use of gamete or embryo of related donor 27. The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure a gamete or an embryo provided by a donor where—(a) the donor of that gamete or embryo, as the case may be, and the intending parent or any one of the...

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

Rónán Mullen: I will ask the parliamentary reporters to do a cut-and-paste job when preparing the Official Report. The amendment is about restricting close relatives from donating gametes to create a child and to avoid the "I'm My Own Grandpa" scenario. There is an obvious and troubling lacuna in the legislation and it is clear that, for the child who results from DAHR using relatives as donors, there is...

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

Rónán Mullen: I am disappointed by the Minister's response, although I am not surprised that I am disappointed. However, I do not think one can keep kicking the can down the road to AHR legislation when the Minister is opening a Pandora's box with this legislation. This amendment should be considered on its merits. It is not as though these very unpleasant realities of modern life are not already on our...

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

Rónán Mullen: Vótáil.

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

Rónán Mullen: I move amendment No. 51: In page 34, line 35, after “ability” to insert “and intention”.This amendment, which we also discussed on Committee Stage, relates to the obligation on a donor assisted human reproduction, DAHR, facility to retain and provide certain information and what happens when the Minister is satisfied that the DAHR facility is not in compliance...

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

Rónán Mullen: The Minister is referring to section 32 there, is that correct? I thought she said section 28.

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

Rónán Mullen: My only response to that is, is the Minister joking? She talks about the financial and reputational damage of being prohibited or restricted. Just how many----

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

Rónán Mullen: Just how many donor-assisted human reproduction cases is she contemplating will take place? On her own and the Government's reassurances, DAHR will presumably be a very small part of any clinic's business. The Minister is not proposing to interfere one iota with their general business. The Bill simply provides for the Circuit Court to make an order prohibiting or restricting DAHR and then...

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

Rónán Mullen: That is a fair point, my apologies. To summarise, the Minister really must be joking. She has not answered me as to why the words "and intention" are missing and it is not too late to change it. She could go back to the Dáil and I think she should. It should not be just a matter of a clinic being able to satisfy the court of its ability: it should be its ability and its intention to...

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

Rónán Mullen: If right was right, they would be at risk of being restricted from performing AHR full stop, not just DAHR. It should not just be at the later stage once it has been established, not that they have failed to keep records but they have failed to comply with an order around the keeping of records. Even then, the Minister seems to regard it as the most trivial of matters.

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

Rónán Mullen: Is the Minister saying the child could sue them but the State does not care enough to find them guilty of an offence?

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

Rónán Mullen: It is the lightest of light touch regulation. The Minister is now treating the sperm banks the way she treated the money banks.

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

Rónán Mullen: Yes.

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