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

Frances Fitzgerald: It is important that I make absolutely clear the fact that embryos are permanently exempted. I will be introducing a further provision on Report Stage to clarify the position even further. For constitutional and other reasons - but mainly constitutional ones - embryos are permanently exempted from this provision. Even if the donation is anonymous, it will be permanently exempted. I wish...

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

Frances Fitzgerald: In developing the provisions contained in the Bill, many different aspects had to be taken into consideration. I received strong and complex legal advice to the effect that the identity and parentage provisions should be dealt with together.

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

Frances Fitzgerald: I should point out that I intend to amend the section on Report Stage in order to provide key clarifications. I propose to amend the references in subsections (5) and (6) to consent to a form that is substantially the same as provided for in sections 6 and 14. This is because that is too high a threshold for these particular transitional provisions. Accordingly, I will amend the Bill in...

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

Frances Fitzgerald: I move amendment No. 22:In page 26, line 30, to delete “mother” and substitute “intending mother”.

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

Frances Fitzgerald: I move amendment No. 23:

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

Frances Fitzgerald: I move amendment No. 24:In page 27, to delete lines 1 and 2 and substitute the following:“(b) a record of the revocation, under section 8, 10, 12 or 16, as the case may be, by a person referred to in paragraph (a) of his or her consent.”.

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

Frances Fitzgerald: I move amendment No. 25:

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

Frances Fitzgerald: I move amendment No. 26:

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

Frances Fitzgerald: I move amendment No. 27:In page 27, to delete lines 13 and 14 and substitute the following:“(b) the information referred to in subsection (2) in respect of the donor and the intending parent;”.

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

Frances Fitzgerald: I move amendment No. 28:In page 27, line 23, to delete “date of birth” and substitute “date and place of birth”.

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

Frances Fitzgerald: I intend to amend this section on Report Stage to clarify that the DHAR, donor assisted human reproduction, facility referred to in section 26(1) is that in which the gamete or embryo was donated.

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

Frances Fitzgerald: I move amendment No. 29:In page 27, line 37, to delete “facility” and substitute “operator”.

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

Frances Fitzgerald: I move amendment No. 30:In page 28, line 20, to delete “place of work or”.

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

Frances Fitzgerald: I move amendment No. 31:In page 30, line 12, to delete “it” and substitute “him or her”.

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

Frances Fitzgerald: I move amendment No. 32:In page 30, line 14, to delete “subsection (5)” and substitute “subsection (3)”.

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

Frances Fitzgerald: I move amendment No. 33:In page 30, line 29, to delete “its” and substitute “his or her”.

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

Frances Fitzgerald: In 2005 the Commission on Assisted Human Reproduction recommended there should be an independent regulatory authority to deal with all of the issues with DAHR and AHR, assisted human reproduction. This is not in place yet. Regarding the original provisions in the Bill and the developments in the provisions dealing with identity, the appropriate Ministry is the Department of Health. I thank...

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

Frances Fitzgerald: I believe there is a misunderstanding here. I am not for a moment suggesting that the development of the national donor-conceived person register would wait until there is an independent regulatory authority dealing with donor-assisted human reproduction, DAHR. I am simply making the point that in the longer term, clearly that is envisaged. We need that and that is quite obvious from the...

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

Frances Fitzgerald: I know Deputy Ferris's deep interest in this issue in regard to the child's right to know in regard to adoption. In developing this legislation, what is very much in our minds is the very difficult issues that have emerged in regard to the situation where children did not have access to identity and genetic information. That has been a central part of our approach to the setting up of...

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

Frances Fitzgerald: The approach in this Bill is that the right to information is the right of the child. The child will not be contacted with the request if he or she has not made a notification that he or she is willing to be contacted, so the donor cannot veto. That is a vital component of the approach we have taken to consent in the Bill, so that if one is a donor and is making a donation, one will be told...

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