Results 10,841-10,860 of 20,459 for speaker:Frances Fitzgerald

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Frances Fitzgerald: I have one further point. This discussion illustrates the very broad range of issues in relation to AHR and all of its complexities. We are the first Government to begin to address this issue and we are, I repeat, addressing some aspects of it regarding parentage in this legislation. However, there are many issues which will need much more detailed work and consultation because there are...

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Frances Fitzgerald: I move amendment No. 15:In page 19, to delete line 6. The proposal is to delete a reference in section 15(2)(b) to the donor of an embryo, whose gamete was used in forming the embryo, being informed that he or she will not be the parent of a child born as a result of the donation. This is because the person will already have been so informed under section 15(1)(a) and the reference is...

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Frances Fitzgerald: I intend to bring an amendment to this section on Report Stage to make clear that the donor of an embryo whose gamete was used forming the embryo will be able to seek information under section 32(2) to find out whether a child was born as a result of the donation.

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Frances Fitzgerald: It is true that we are not creating a presumption in the legislation. One of the difficulties in this whole area, which emerges when one begins to examine it, is that there is not much in the way of statistics so it is difficult to give precise numbers. There is no legislation covering the area, and while there are EU regulations and Medical Council guidelines there are poor data because...

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Frances Fitzgerald: Section 46 of the Status of Children Act 1987 is still in place with all of the presumptions.

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Frances Fitzgerald: The legal advice was very clear that we needed a court procedure when assigning parentage retrospectively. That is the reason it is built in in this way. Of course, many of the children who are being spoken about will have been registered as the children of both in an opposite sex couple and benefit from the presumptions of parentage. It is primarily an issue where there is a dispute. I...

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Frances Fitzgerald: I move amendment No. 16: In page 22, line 13, to delete "Subsections (4)to (8)" and substitute "Subsections (5)to (8)". The purpose of this amendment is to rectify an incorrect cross reference in section 20 which enables a person to apply for a declaration of parentage to the Circuit Court in relation to a child born through a donor assisted human production procedure. The reference should...

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Frances Fitzgerald: I move amendment No. 17: In page 22, line 17, to delete "section 18(1)(d)"and substitute "section 18(1)(c)".

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Frances Fitzgerald: I move amendment No. 18: In page 22, line 37, to delete "order" and substitute "declaration".

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Frances Fitzgerald: I intend to make technical amendments to this section on Report Stage to ensure there is no doubt that references in the Bill to a donor will, where relevant, apply to the donor of an embryo, whether or not that donor's gamete was used in forming the embryo and apply to a person whose donated gamete was used in forming a subsequently donated embryo, whether or not that person is also the...

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Frances Fitzgerald: To address the points made by Deputy Mac Lochlainn, the aim of this amendment, which would remove the requirement that a donor assisted human reproduction procedure be carried out only be a registered medical practitioner or a registered nurse, appears to be that the parentage of a child born through a non-clinical procedure such as self-insemination would be recognised under the provisions...

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Frances Fitzgerald: The effect of the Deputy's proposed amendment would be to enable the donor to contract out of parentage without the kind of safeguards and procedures that are in the Bill. The strong legal advice that I have is absolutely against doing that and the case law that I have quoted in relation to the Supreme Court is very clear about the assignation of parentage in that case. The way the Bill is...

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Frances Fitzgerald: In that regard, I will make the point that clearly, the submissions were considered by the committee during the public consultation. A number of recommendations arose from the committee's consideration regarding the question of identity. A clear recommendation came from the committee in that regard, of which I took note, as well as from the Ombudsman for Children and the relevant...

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Frances Fitzgerald: Obviously, I understand completely the position of people in Ireland who wish to use donor-assisted reproduction procedures. Each member of the committee has a significant understanding in this regard and obviously wishes to support the very best practice in this area. At this stage of the discussion, it is appropriate for me to state that in respect of the broader regulation of assisted...

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Frances Fitzgerald: The other point I wish to make is that in September when I published the scheme, all of those issues were also included in it for consultation and information.

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Frances Fitzgerald: I move amendment No. 20:In page 25, line 26, to delete “concerned”.

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Frances Fitzgerald: The amendment would provide for a transition period to allow couples currently undertaking donor-assisted human reproduction procedures to continue with their treatment and to facilitate an orderly move to the regulatory framework envisaged in Parts 2 and 3 of the Bill. In principle, I broadly agree that such a transitional period has its merits and I stress in that regard certain...

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Frances Fitzgerald: It is section 24. I am sorry. I said section 20.

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Frances Fitzgerald: It is a slightly different time but I believe it essentially deals with the point made by Deputy Mac Lochlainn.

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Frances Fitzgerald: I am actually saying there will be a minimum period of one year. That is an issue that can be further addressed in the consultations with the shareholders which are being held by the Department of Health.