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Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: I move amendment No. 3 to amendment No. 94: In paragraph (d), to delete “PGT-M or PGT-SR” and substitute “PGT for single gene defects or chromosomal rearrangements”.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: I move amendment No. 1 to amendment No. 96: In subsection (2), line 1, to delete “PGT-A” and substitute “PGT for aneuploidy”.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: I move amendment No. 3 to amendment No. 96: In subsection (5), in the definition of “relevant person”, to delete “PGT-A” and substitute “PGT for aneuploidy”.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: I move amendment No. 4 to amendment No. 96: In subsection (5), in the definition of “relevant AHR treatment”, to delete “PGT-A” and substitute “PGT for aneuploidy”.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: There are issues there on this amendment relating to residency requirements that we will need to revisit on Report Stage. I am just putting down a marker that we will need to revisit those. We had some discussion on it the last day but there are issues relating to residency that seem to be unduly onerous and I would like to revisit those when it comes to Report Stage.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: I move amendment No. 103: In page 49, between lines 21 and 22, to insert the following: “Best interests of the child 50. Where, in any proceedings before any court under this Part, the court, in determining whether to make an order, shall regard the best interests of the child as the paramount consideration.”. The amendment would ensure that the courts view the best...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: I find it very hard to understand the Minister's rationale. It is a well-established principle of child welfare that the best interests of the child should be paramount. The vast majority of people would subscribe to that as a primary principle. I cannot see how that could undermine any of the other protections the Minister has referenced. It is an important point and I will be pressing...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: It is the legal penalties.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: It seems really harsh that if someone does not meet one of the many requirements, that is then automatically regarded as being unethical.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: The legislation states that it will take it into consideration but it is not required to regard it as paramount.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: That is the distinction.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: I want to query an aspect of this amendment. The Bill states that people can only act as surrogates if they have previously given birth to a child. I am curious to know the basis for that requirement. The UK's Law Commission recently considered this and determined that it should not be a requirement under UK law. The commission found it constituted quite a paternalistic interference with...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: I am not sure there is any evidence for that.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: Did people change their minds?

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: It has been talked about as received wisdom but there is no basis for it.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: Well, the UK-----

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: Yes, the UK commission-----

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: I am not convinced but we will move on. I am only making the point.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: I move amendment No. 1 to amendment No. 108: In subsection (2)(a), line 3, after “a” to insert “clinical”. It is assumed the intention of this section is to ensure a surrogate does not carry a baby to birth on more than two occasions, not merely that she does not enter an agreement on more than two occasions. However, under the current wording, if...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Róisín Shortall: We are not talking about two births though; we are talking about two pregnancies. That is entirely different. Given the frequency of the occurrence of early miscarriage, it would be reasonable to refer to a "clinical pregnancy". A lot of miscarriages happen in the first few weeks and I am not sure why that should preclude somebody from giving birth on two subsequent occasions.

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