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Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (28 Apr 2022)

Kathleen Funchion: I thank our guests for their attendance and their presentations. My first questions are for Dr. Bracken, regarding children in Ireland who have been born through surrogacy. She mentioned them in her document. Will she expand on our responsibilities to them as legislators? The issue has gone on too long. A whole bunch of children are not recognised and that is not right, and we need to...

Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (28 Apr 2022)

Kathleen Funchion: I thank Dr. Bracken. If we had more time, I would ask her further questions because I imagine that what she outlined would leave people in limbo in the context of medical decisions and so on post birth. Would there be any way of going down the pre-birth route but with a guarantee that if something were to go wrong, perhaps in the first few months, that could be changed? Unfortunately, we...

Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (28 Apr 2022)

Kathleen Funchion: There is also child benefit and everything.

Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (28 Apr 2022)

Kathleen Funchion: I thank our guests for their presentations. Like Senator Seery Kearney, I acknowledge the role of the Department of Foreign Affairs, in particular, over recent weeks. It has been very difficult. I acknowledge also Senator Seery Kearney, given that some of us who were navigating this issue for the first time were on the phone just as often to her. She was always available. We are dealing...

Joint Oireachtas Committee on International Surrogacy: Issues relating to International Surrogacy Arrangements and Achieving Parental Recognition: Discussion (28 Apr 2022)

Kathleen Funchion: Would that mean there would still be a need for the emergency travel document or could it be issued faster? Are there practical examples of how it would be easier or better for Dr. Redmond's Department? I understand that he is speaking only on behalf of his Department.

Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (27 Apr 2022)

Kathleen Funchion: I welcome the amendment. As the Minister said, we discussed this towards the end of the committee meetings and everybody agreed four years was too long. One year was probably too short, and on reflection two years is happy compromise.

Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (27 Apr 2022)

Kathleen Funchion: That is a really good move and a significant step. Maybe it was Deputy Bacik who made the proposal on Committee Stage. It was a really good suggestion and I am glad to see it in the legislation. For me, it shows that so much progress can be made. This goes back to the point that if we could just make progress on the one outstanding issue, it would make the difference between our...

Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (27 Apr 2022)

Kathleen Funchion: I welcome these amendments as well as the earlier amendment in respect of the timeframe - the month or four weeks. I acknowledge the work that has been done, particularly around the working in amendment No. 70. It is really significant and quite strong. It shows what can be done and achieved when there is not just consultation but, as Deputy Bacik has said, all the various discussions...

Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (27 Apr 2022)

Kathleen Funchion: I move amendment No. 60: In page 24, to delete lines 31 to 39, and in page 25, to delete lines 1 to 23.

Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (27 Apr 2022)

Kathleen Funchion: In fairness, the points have been covered by Deputies Bacik, Cairns and Connolly. I want to clarify again that nobody is saying that people should not have a right to register a no-contact preference. It is very important that point is clarified. What we are arguing is how that information then has an impact on the adopted person getting their information. That has been said with regard...

Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (27 Apr 2022)

Kathleen Funchion: I move amendment No. 19: In page 16, to delete lines 4 to 37, and in page 17, to delete lines 1 to 8.

Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (27 Apr 2022)

Kathleen Funchion: I move amendment No. 24: In page 17, to delete lines 9 to 38, and in page 18, to delete lines 1 to 3.

Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (27 Apr 2022)

Kathleen Funchion: I move amendment No. 29: In page 18, to delete lines 4 to 39, to delete pages 19 to 22, and in page 23, to delete lines 1 to 11 and substitute the following: “9. A relevant body shall on an application by a relevant person who has reached the age of 16 years supply to that person all personal data relating to the relevant person.”.

Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (27 Apr 2022)

Kathleen Funchion: I move amendment No. 30: In page 18, to delete lines 4 to 39, and in page 19, to delete lines 1 to 27.

Birth Information and Tracing Bill 2022: Report and Final Stages (27 Apr 2022)

Kathleen Funchion: I think Deputy Bacik has articulated the position very well and eloquently. I must say at the outset, for clarity, that nobody has any issue with a birth parent who wants to register a no-contact preference. It is the parent's right to do so. Everybody would respect that. Some of us believe this mandatory information session, the information session or whatever people want to call it, is...

Birth Information and Tracing Bill 2022: Report and Final Stages (27 Apr 2022)

Kathleen Funchion: I move amendment No. 18: In page 15, to delete lines 7 to 36, to delete pages 16 and 17, and in page 18, to delete lines 1 to 3 and substitute the following: "6.An tArd-Chláraitheoirshall on an application made by a relevant person, a record of whose birth is kept by an tArd-Chláraitheoirand who has reached the age of 16 years, supply to that person on payment of the prescribed...

Birth Information and Tracing Bill 2022: Report and Final Stages (27 Apr 2022)

Kathleen Funchion: I move amendment No. 15: In page 12, line 12, to delete “Regulation;” and substitute the following: “Regulation. Under this Act, all records relating to the adoption or informal care arrangement of a relevant person are considered to be that person’s personal data, regardless of whether that data is shared with another person. Personal data in relation to a...

Birth Information and Tracing Bill 2022: Report and Final Stages (27 Apr 2022)

Kathleen Funchion: You have a further two minutes, Deputy, so we will let the Minister finish first.

Birth Information and Tracing Bill 2022: Report and Final Stages (27 Apr 2022)

Kathleen Funchion: Are those words, "false and misleading", in the legislation now?

Birth Information and Tracing Bill 2022: Report and Final Stages (27 Apr 2022)

Kathleen Funchion: I am happy to withdraw the amendment on that basis.

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