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Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: It has been talked about as received wisdom but there is no basis for it.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: Well, the UK-----

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: Yes, the UK commission-----

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: I am not convinced but we will move on. I am only making the point.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: I move amendment No. 1 to amendment No. 108: In subsection (2)(a), line 3, after “a” to insert “clinical”. It is assumed the intention of this section is to ensure a surrogate does not carry a baby to birth on more than two occasions, not merely that she does not enter an agreement on more than two occasions. However, under the current wording, if...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: We are not talking about two births though; we are talking about two pregnancies. That is entirely different. Given the frequency of the occurrence of early miscarriage, it would be reasonable to refer to a "clinical pregnancy". A lot of miscarriages happen in the first few weeks and I am not sure why that should preclude somebody from giving birth on two subsequent occasions.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: Sure. Nobody is proposing that we allow that situation to arise. It is reasonable to include the term "clinical" with "pregnancy".

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: I thank the Minister.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: I move amendment No. 1 to amendment No. 112: In paragraph (c)(i)(I), after "conceive" to insert "and/or bear".

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: I have moved an amendment to the Minister's amendment No. 112.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: On amendments Nos. 112, 113 and 115, AHR professionals are concerned that the current wording only describes simple infertility. I defer to the professionals entirely on this. It excludes situations where a woman's uterus is too small, meaning she may conceive but would subsequently miscarry. That is why, in a number of paragraphs, it is proposed to qualify the wording as set out in my...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: All of them.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: That seems reasonable. If I get conflicting professional advice on that I will come back on Report Stage. What the Minister has outlined is reasonable.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: This is agreed with the proviso that we can come back to this on Report Stage. There are particular concerns about the term "commercial surrogacy" and I do not think any of us want to see a growth in that area but there is a reality that for a lot of gay male couples, the US is the main country they have gone to and will continue to go to. There are different arrangements there in terms of...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: Can I raise a question? I know the amendment was not moved but there are concerns that intending parents will be asked to substitute the role of the State social welfare system in respect of illness benefit under the current wording and that notwithstanding these concerns, any differential between the State supplement and the surrogate's salary should be the responsibility of the intending...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: Will the Minister prepare a note on how it will operate for the committee? At the time of the briefing, the Minister had not had sufficient engagement with the Department of Social Protection but perhaps some of that has been clarified now?

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: Pardon the pun but that is the net point of the amendment. However, there are wider issues on which we have not got clarification. What about the payment of maternity benefits? Does the current entitlement to the maternity benefit remain irrespective of whether the intending parents have guardianship of the child from a couple of weeks? It is not necessarily a matter of inclusion in the...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: I thought we were going to tease out the issue of parental order applications. This arose in an earlier grouping.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: I will be coming back to this on Report Stage. The groupings make it difficult to get in at an early stage, so I will be making points on Report Stage on the parental order application.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: This group of amendments relates to a fundamental issue, namely, the question of parentage. When we had the briefing with the officials a statement was made that the birth mother is regarded as the legal mother. This goes to the heart of what happens in the post-birth period and possibly for some months afterwards. On the day of the briefing, the statement was not fully challenged. It...

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