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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.

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

Rónán Mullen: I move amendment No. 52: 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...

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

Rónán Mullen: I am happy to-----

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

Rónán Mullen: I will reflect on it now. First, I said “it is as though” the Minister "was in the pocket of the clinics."

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

Rónán Mullen: Second, I was referring to the Minister in her corporate capacity. I am quite happy to adjust my comment to say it is as though the Government is in the pocket of the clinics. In fact, it is remarkably as though the Government is in the pocket of the clinics.

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

Rónán Mullen: If the Senators-----

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

Rónán Mullen: It is as though the Government is in the pocket of the clinics when it is not-----

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

Rónán Mullen: I ask the Senators who are getting on their high horses to reflect on what it might mean for some persons-----

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

Rónán Mullen: -----to discover somebody else who was in the business of providing these services and presumably making a profit in providing them had acted in such a way that in the future they would not be in a position to find out who they were.It is an end to the humbug of Senators who want to claim they are in favour of children's rights and at the same time get annoyed with me for making the...

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

Rónán Mullen: It does not refer to a closure order.

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

Rónán Mullen: It is only the AHR facilities that will be closed. Is the Minister saying that the clinic is doing only AHR and not other work?

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

Rónán Mullen: There is a concept well known to the law called "strict liability", and the Minister does not need me to explain it. It is when something occurs that is of such gravity that a party is liable, regardless of their intent. That applies in tort law but it also applies to a certain limited extent in criminal law where the mere commission of an act or the failure to commit an act in a certain...

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

Rónán Mullen: I move amendment No. 55: In page 35, line 20, to delete "18 years" and substitute "16 years".The purpose of the amendment is to provide that a young person who has reached 16 years may make arrangements to find out about who he or she is, as opposed to being required to wait until reaching 18 years before acquiring the right to seek such information. Section 34(1) reads: "A donor-conceived...

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

Rónán Mullen: I move amendment No. 56: In page 35, line 21, to delete "18 years" and substitute "16 years".

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. 83: In page 84, between lines 20 and 21, to insert the following:“114. The Principal Act is amended by the insertion of the following section after section 32:“Requirement of informed consent in respect of certain applicants 32A. Notwithstanding section 20, the Authority shall not make an adoption order in favour of an applicant or applicants, as the case...

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