Results 10,701-10,720 of 20,459 for speaker:Frances Fitzgerald

Children and Family Relationships Bill 2015: Report Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 46:In page 37, between lines 8 and 9, to insert the following:“(b) in subsection (4)—(i) in paragraph (c), by the deletion of “child,” and substitution of “child, and”, and (ii) by the deletion of paragraph (d),”.Amendments Nos. 46 to 48, 51, 52 and 54 to 59, inclusive, and 83 are linked. These are intended to address...

Children and Family Relationships Bill 2015: Report Stage (12 Mar 2015)

Frances Fitzgerald: It is to witness. He is effectively a witness.

Children and Family Relationships Bill 2015: Report Stage (12 Mar 2015)

Frances Fitzgerald: No, it is not intended that the registrar will be responsible for the copy. That is a broader issue which will have to be considered at a future date The question of whether to have a repository links to a point a number of Deputies made relating to making available the statutory declarations. Guardianship is given in many different places such as the courts and via the statutory...

Children and Family Relationships Bill 2015: Report Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 40:In page 32, line 36, to delete “or well-being”.I proposed to discuss amendments Nos. 40 and 41 together. These arise out of the discussions on Committee Stage and refer to the circumstances where a donor may seek to have his or her identity kept from a donor-conceived child. This gave rise to some concern that the identity rights of the child would not...

Children and Family Relationships Bill 2015: Report Stage (12 Mar 2015)

Frances Fitzgerald: In the legislation, at present it would be the Minister for Health. As I indicated, when the provisions are taken over by an authority, it would make that determination. I am advised that it is essential to ensure that the Minister for Health would have some means of dealing with any truly exceptional circumstances that might arise. We discussed in much detail how the court would get the...

Children and Family Relationships Bill 2015: Report Stage (12 Mar 2015)

Frances Fitzgerald: The Commission on Assisted Human Reproduction indicated in 2005 that much like there is an adoption authority, there should be an authority established to deal with this wide-ranging area and the ethical, medical and regulatory framework issues that arise in the area. It is very clear that we need an authority as they have in the UK and most other countries that would deal with these issues....

Children and Family Relationships Bill 2015: Report Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 41:In page 33, to delete lines 1 to 8 and substitute the following:“(3) Where a relevant donor to whom subsection (2) applies makes representations to the Minister in accordance with that subsection, the Minister shall consider those representations, having regard to the right of the donor-conceived child to his or her identity, and—(a) if satisfied that...

Children and Family Relationships Bill 2015: Report Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 42:In page 34, to delete lines 1 to 21 and substitute the following:“Information in respect of other persons to be provided to donor-conceived child 35. (1) A donor-conceived child who has attained the age of 18 years may request the Minister to record on the Register a statement of his or her name, date of birth and contact details and confirming that he or she...

Children and Family Relationships Bill 2015: Report Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 43:In page 35, between lines 9 and 10, to insert the following:“Jurisdiction (Parts 2 and 3) 38. (1) The jurisdiction conferred on the District Court by section 19 shall be exercised by—(a) a judge of the District Court who is assigned to the district court district in which an applicant under that section ordinarily resides or carries on any profession,...

Children and Family Relationships Bill 2015: Report Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 45:In page 36, after line 36, to insert the following:" 'enactment’ means a statute or an instrument made under a power conferred by statute; 'enforcement order' shall be construed in accordance with section 18A(1);".These are minor drafting amendments, inserting additional definitions for clarity.

Children and Family Relationships Bill 2015: Report Stage (12 Mar 2015)

Frances Fitzgerald: This type of information is currently completely unregulated. As the Deputy knows, anonymous donations are accepted in this country. That means, in effect, that a child has no access to genetic information. This Bill and the new AHR Bill make it absolutely clear that as a policy and principle a child has the right to have access to that information. It is the first time we are including...

Children and Family Relationships Bill 2015: Report Stage (12 Mar 2015)

Frances Fitzgerald: The arrangements will of course include health information. It would be non-identifying information, in that a donor's name would not be given at that point. Non-identifying health information would be given and collected in the first instance by the clinic. We had a debate on the Bill on Committee Stage, at which Deputy Shortall was not present, and there was no guillotine in terms of...

Children and Family Relationships Bill 2015: Report Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 25:In page 22, to delete lines 6 to 8 and substitute the following:"(3) The child to whom an application for a declaration under this section relates shall be joined as a party to the proceedings.".These are amendments to sections allowing applications for a declaration of parentage in regard to a donor-conceived child. The amendment ensures that the child concerned is...

Children and Family Relationships Bill 2015: Report Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 26:In page 22, line 25, to delete "in the prescribed manner".These are minor drafting amendments to remove references to the making of rules of court. This is covered by section 24 of the Interpretation Act 2005 and there is no requirement to make express provision for rules of court.

Children and Family Relationships Bill 2015: Report Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 27:In page 22, lines 39 and 40, to delete "shall be in a form to be prescribed by rules of court and".

Children and Family Relationships Bill 2015: Report Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 28:In page 23, lines 4 and 5, to delete "in such manner as may be prescribed by rules of court".

Children and Family Relationships Bill 2015: Report Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 29:In page 23, between lines 12 and 13, to insert the following:"(3) The child to whom an application for a declaration under this section relates shall be joined as a party to the proceedings.".

Children and Family Relationships Bill 2015: Report Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 30:In page 23, lines 31 and 32, to delete "shall be in a form to be prescribed by rules of court and".

Children and Family Relationships Bill 2015: Report Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 31:In page 24, to delete lines 16 to 19 and substitute the following:"(2) The operator of a DAHR facility shall not acquire an embryo for use in a DAHR procedure or a further DAHR procedure unless, at the time of such acquisition, he or she also acquires the information specified in subsection (3)in respect of--(a) the donor or, as the case may be, each donor of the...

Children and Family Relationships Bill 2015: Report Stage (12 Mar 2015)

Frances Fitzgerald: I move amendment No. 33:In page 25, to delete lines 21 to 36, and in page 26, to delete lines 1 to 35 and substitute the following:"Use of gamete or embryo in DAHR procedure 24. (1) The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure a gamete provided by a donor unless--(a) the gamete has been acquired in accordance with section 22(1), and (b) the donor of...