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

Stephen Donnelly: Okay. Some of the issues that have just been raised-----

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

Stephen Donnelly: I beg your pardon.

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

Stephen Donnelly: It is not, no. Some of the issues raised include the status and rights of the birth mother, the status and rights of the intending parents, the entitlements of the intending parents, maternity leave, maternity pay, etc. Also, I do not think colleagues raised it, but it works in the opposite direction as well. What if we have a surrogate and intending parents, and some way through the...

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

Stephen Donnelly: Yes. The length of the interim period and so forth. To give some brief answer to some of the questions, the current status and proposals-----

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

Stephen Donnelly: And a meeting.

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

Stephen Donnelly: They all will.

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

Stephen Donnelly: Yes.

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

Stephen Donnelly: Yes, both in terms of assisted human reproduction or donor assisted and surrogacy. For example, let us say a woman is pregnant through IVF in New York and goes into labour New York. The birth is recorded in New York and not Ireland and the birth certificate is issued in New York. Therefore, yes, it covers domestic and international surrogacy and domestic and international birth through...

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

Stephen Donnelly: I will give the Deputy an example. It is of a couple who live in Kerry who go to France for donor-assisted IVF treatment, the sperm comes from Holland and they are on holidays in Morocco when she goes into labour.

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

Stephen Donnelly: Right.

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

Stephen Donnelly: That is right. We have had to think through all of these scenarios as a committee. That is why this Bill has taken so long. In response to Deputy Shortall's point, insofar as we can, we have to anticipate all of this and legislate for it. It is complex. The point has been made to me that some of this is being addressed through the Children and Family Relationships Act as well, hence some...

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

Stephen Donnelly: Yes, if colleagues are agreeable. Several issues have been raised. We will arrange a briefing in the Department. In some cases, we will ask a bioethics expert and, in others, a legal expert. In some cases, it will be my officials; in others, it will be officials from the Department of Justice. We will bring all the relevant expertise around the table.

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

Stephen Donnelly: Yes, it is being followed up. The Deputy raised that point. Maternity benefit is a matter for the Department of Social Protection and officials will engage with that Department.

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

Stephen Donnelly: Child benefit is easier, but issues relating to maternity benefit, parental leave and maternity leave must all be considered. There is a position. I could give Members a brief answer now or we can wait until the briefing and then get into it when dealing with the surrogacy parts of the Bill.

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

Stephen Donnelly: Okay, we will wait for the briefing.

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

Stephen Donnelly: I move amendment No. 42: In page 24, to delete lines 19 to 23 and substitute the following: “(b) the provider is satisfied that, in all the circumstances of the case— (i) such treatment is necessary to— (I) enable pregnancy or birth or both, (II) enable fertility preservation, or (III) avoid, in accordance with the provisions of Part 6, serious disability or...

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

Stephen Donnelly: I thank the Deputy very much. I understand the intention. Amendment No. 42 addresses the concerns he quite rightly raises and it goes that bit further in being more broad as well. I agree with him and I think the issue is covered.

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

Stephen Donnelly: Yes.

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

Stephen Donnelly: I move amendment No. 44: In page 24, between lines 23 and 24, to insert the following: “Safety of children - AHR treatment provider 16. (1) This section shall not apply where section 52* applies to the relevant person in relation to the surrogacy agreement concerned. (2) An AHR treatment provider shall not provide AHR treatment to a relevant person unless the provider is...

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

Stephen Donnelly: I thank Deputies Shortall and Cullinane for the proposal. We are trying to find a balance here. We want some level of assessment and the question is where we set the bar. In other jurisdictions, the bar is set even higher than what we are proposing, which is that they are "satisfied". The providers are seeking to lower the bar to "aware" but I think that is too low. We must remember that...

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