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Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: I move amendment No. 61: In page 94, to delete lines 14 to 22.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: I move amendment No. 64: In page 96, lines 2 to 5, to delete all words from and including “child” in line 2 down to and including line 5 and substitute the following: “international surrogacy agreement was a permitted international surrogacy agreement if it is satisfied that the best interests of the child justify such a waiver.”.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: I move amendment No. 72: In page 156, to delete line 19. I have had contact from a couple of different groups including the LGBT+ Parenting Alliance, which has particularly drawn my attention to this. The Department has said the reason the High Court has been given jurisdiction is because it believes a transfer of motherhood can only take place there. We discussed this issue in...

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: There certainly seems to be an inconsistency here insofar as other professionals are not treated in the same way. Legal advice and consular advice are permitted but, arguably, medical advice is much more important. I just do not understand the reason for precluding it. I think it is an omission from the Bill and I will be pressing the amendment.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: Sorry, Chair, is this in order? We are speaking to amendments.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: This is complete abuse.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: I think this prohibition is perfectly understandable in a case before anything happens, but after the event, a medical practitioner is required to provide medical care where he or she is asked for that.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: They will not be allowed, therefore, to provide any medical advice at all.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: Beforehand, however, if they are entering into an agreement that may not be a legal agreement-----

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: Are we on first name terms? That is becoming a bit of a habit with Sinn Féin. Essentially, the Minister just stated that this is a play for time. I apologise, he did not use the term "play", but he wanted time to achieve a legally robust version of what is proposed in the amendment. The implication is that this is not legally robust. If you want to achieve a legally robust-----

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: However, the grounds I have given surely stand up to any kind of scrutiny. The Minister is rejecting them out of hand rather than accepting that there is a valid principle. He is saying that the wording I have put forward is not legally robust. Why is he not then seeking legally robust wording-----

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: -----to amend this legislation now-----

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: -----and not at some point in the future?

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: This is legislating in haste. The approach the Minister is taking is just not very satisfactory. It is about speed rather than provisions that are legally sound. I am disappointed with his response.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: Nobody wants to see this Bill falling, but the Minister has had quite a bit of time on it, and I would expect that he addresses the uncertainties there at the moment. It is regrettable that he has not done that. I have to say it is not great practice from the point of view of legislation that is so important. It is a pity we are not getting it right first time round.

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: I move amendment No. 51: In page 85, between lines 27 and 28, to insert the following: “(c) the giving, by a medical practitioner or medical practitioners (SJ), of medical advice in relation to any agreement or other arrangement.”. This amendment arises out of Committee Stage, and I had a similar amendment down. HR professionals raised concerns with me and...

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: What group are we on?

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: I note the Minister's amendments to these sections include the phrase, "lacks the capacity to make decision in that regard". I ask the Minister to consider further grounds for waiving consent. I strongly argue that the best interests of the child must be the paramount consideration. The Minister referred earlier to this already forming part of the legislation but it is in the legislation...

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: I move amendment No. 41: In page 67, to delete lines 18 to 26. Under the current process, as I understand it, a child born through surrogacy would reside with his or her intending parents with the consent of the surrogate. As I am sure the Minister will be aware, Dr. Claire O'Connell has repeatedly pointed out that this is not equivalent to legal custody and puts the child in a very...

Health (Assisted Human Reproduction) Bill 2022: Report and Final Stages (29 May 2024)

Róisín Shortall: The very fact that the Minister is saying he will look at it again in three year's time indicates uncertainty about what is being proposed. The two provisions I have referred to are very vague. If the surrogate mother consents to the child being cared for by the intending parents, who does she consent to and who oversees that? If she changes her mind, and she may do this a number of times,...

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