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Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Róisín Shortall: Which the Minister is prepared to look at again.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Róisín Shortall: Section 7(1) states: "In the case of two intending parents, they shall be spouses, civil partners or cohabitants of one another." Again, what I want to say is in line with some of the issues that I have raised. Some groups would argue that cohabitation should not be a requirement. The reference that I was given is that in 2015 the European Court of Human Rights ruled on gay marriage in...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Róisín Shortall: What is that based on now?

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Róisín Shortall: I just think we are getting into the area of opinion there. I have quoted the ruling of the European Court of Human Rights and surely that should be a reference point at least. Was it taken into consideration? We can talk about supposition or individual feelings about this but there is a ruling. I am just putting this matter out there and I ask the Department to take a look at it.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Róisín Shortall: The referendum does not refer to cohabitation. The Department might take a look at this and we will come back to it on Report Stage.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Róisín Shortall: I move amendment No. 38: In page 22, between lines 7 and 8, to insert the following: “(d) The AHHRA shall produce a format of the AHR information document in both plain English and easy read. (e) The AHR information document shall use gender neutral terminology and shall include information specific and relevant to the lives and needs of disabled people.”. I have already...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Róisín Shortall: I am happy to withdraw the amendment on that basis.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Róisín Shortall: I just want to raise a couple of points under this. The LGBT+ parenting alliance has made three proposals in relation to this section. I would like to hear the Minister's views on them. The first is that the surrogate would not be automatically assigned legal recognition as the mother.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Róisín Shortall: This is on section 14. Some general points have been made by the LGBT+ parenting alliance. The surrogate is not automatically assigned legal recognition as the mother but she would have an objection period prior to the birth. We discussed this at the briefing last week, namely, the status during the period between the child being born and the parental order being made. I asked the...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Róisín Shortall: I am sorry, Minister. On a point of order, I thought we were required to go through the Bill section by section.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Róisín Shortall: Yes, but section 14 addresses some of that. I am raising this question under section 14.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Róisín Shortall: They are not entirely separate.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Róisín Shortall: I am sorry, Minister. We cannot agree to section 14 unless we tease out some of these questions.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Róisín Shortall: It is not that cut and dried, really.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Róisín Shortall: It is not cut and dried.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Róisín Shortall: Passports.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Róisín Shortall: What about child benefit?

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Róisín Shortall: Is that payable?

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Róisín Shortall: I move amendment No. 1 to amendment No. 44: In subsection (2), to delete “unless the provider is satisfied that the relevant person, and each other relevant person, does not” and substitute “if the provider is aware that the relevant person, and each other relevant person, would”. This amendment was proposed by AHR professionals. They have probably been in...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (24 Jan 2024)

Róisín Shortall: I do not think a clarifying note will do it because there is a potentially very significant liability being placed on the providers to state that they are "satisfied" there is no reason intending parents should not be able to proceed. Medical professionals have no way of establishing that. On what basis do they say they are satisfied? A lot of the groups would have no difficulty with Garda...

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