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Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: I move amendment No. 4: In page 12, between lines 8 and 9, to insert the following: “(5) Section 158 shall come into operation on such day or days as the Minister for Foreign Affairs may, after consultation with the Minister, appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: I thank the Deputy. I do not think there is a right answer to this. I am aware that the special rapporteur on child protection said the age should be 12. Other expert advice says it should be 16. It was 18; it has come down to 16. We discussed this at length with the Minister, Deputy O'Gorman's, Department, which settled on the age of 16 in the 2022 Act on adoption. As we would expect,...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: Sure.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: I move amendment No. 6: In page 12, to delete lines 24 to 35 and substitute the following: " "AHR counselling"— (a) in relation to AHR treatment, other than AHR treatment to be provided pursuant to a surrogacy agreement attached to a section 51 application, means a service provided by an AHR counsellor under which he or she counsels a person regarding the potential social and...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: I thank Deputy Shortall. I guess it is a question of voluntary versus compulsory. The direction of travel we are going in with the Bill is to recognise the surrogate. There are no obligations for her to convince a partner or ask a partner. There is no obligation on the partner. We are saying with regard to her marital status, cohabiting status or relationship status that there is no...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: It can certainly-----

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: It can be provided on a voluntary basis but we are moving away from a legislative underpinning for it, which is really just around saying the surrogate is being identified under law as a single individual.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: I covered them in what I said. I am happy to discuss them further.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: I move amendment No. 7: In page 13, line 14, to delete "or embryos" and substitute ", embryos or tissues". There is a substantial number of amendments in this grouping that deal with one of the material changes being made. They seek to allow for cryopreservation and the storage of ovarian tissue and testicular tissue. This is for the purpose of assisted human reproduction. It is mind...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: We might discuss further what the correct balance is. I thank the Deputy.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: I move amendment No. 9: In page 13, to delete lines 35 and 36 and substitute the following: “ “disposed of”, in relation to a gamete, embryo or tissue (howsoever described in this Act), means the gamete, embryo or tissue is destroyed (by whatever means);”.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: I move amendment No. 10: In page 13, between lines 36 and 37, to insert the following: “ “donor-conceived child” has the meaning assigned to it by the Act of 2015;”. These are technical amendments that will move definitions from the definition sections of the other Parts of the Bill, as initiated, specifically the definitions for “surrogacy”...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: I move amendment No. 11: In page 14, line 23, to delete “man” and substitute “male”. This is a large grouping of amendments. They are purely technical and relate to edits and typographical corrections.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: I might ask one of my officials to give a bit of background on the work that was done on that issue.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: That is no problem. If the Deputy has specific examples with which she has been approached, she might send them on to me or the officials and we will take a look.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: I am very happy to talk about them now. They are coming up in amendment No. 27. I think the Deputy may have tabled amendments as well, but I am very happy to discuss them now. The questions she has raised are exactly the same questions I have raised. The Bill, as I understand it, and the officials can correct me if I am wrong because there is an awful lot of detail in here, is as the...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: I will ask one of my officials to answer that question.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: I move amendment No. 12: In page 14, line 24, to delete “woman” and substitute “female”.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: I move amendment No. 13: In page 14, line 28, after “treatment” to insert the following: “or, in the case of such treatment provided to any other person (including a child), to safeguard that person’s possibility of becoming a person first-mentioned in this definition”. This amendment seeks to amend the definition of "intending parent" by adding a...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Stephen Donnelly: I move amendment No. 14: In page 14, between lines 28 and 29, to insert the following: “ “legal practitioner” has the meaning assigned to it by the Legal Services Regulation Act 2015;”.

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