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

David Cullinane: On that basis I will withdraw my amendment.

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

David Cullinane: I have a very similar amendment on the same issue. We had a lengthy discussion with the officials on this issue and we got some clarity on it. What was explained to us is that the threshold of the obligations on providers to ensure there is not any risk to the child is lower than originally intended because of some of the changes that were made. Having said that, it is a very extensive...

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

David Cullinane: Yes, I think a clarifying note would be helpful. For me, the thrust of the issue is the legal threshold here. The Minister hit the nail on the head when he asked what the definition of "satisfied" is because the organisations are concerned about what their legal obligations are. Insofar as they can, they will try to meet those obligations but it needs to be made very clear what they are....

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

David Cullinane: When the Minister says Aire does he mean himself or does he mean the AHRRA?

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

David Cullinane: Why was there a reluctance to define "satisfied", as well as the requirements that would be on the provider, in the Bill itself? Is there a reason that was not considered and included in the Bill?

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

David Cullinane: There are lots of issues that would be for the regulator, but we can be prescriptive. While the regulator has a job to do, it also has to take the lead from the legislation and what the Oireachtas has decided to do. If we wanted to, we could define what we, as legislators, mean in terms of "satisfied". The regulator then has to deliver on that and maybe add to it, but there is a basic...

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

David Cullinane: I ask the Minister to seek a legal opinion on the status of regulations in secondary legislation before the next meeting. We need to be satisfied that if it was included in secondary legislation it has the same level of protection.

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

David Cullinane: I ask for clarity. The Minister may well be right.

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

David Cullinane: We dealt with that.

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

David Cullinane: Amendment No. 79 is a technical amendment but will have the same effect. I have the same concerns as Deputy Shortall. My understanding is that the section as drafted will criminalise anyone who makes or receives a payment or makes a donation outside of what the Bill describes as reasonable expenses for their donation, which we support. As Deputy Shortall said, Ireland does not have its own...

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

David Cullinane: The issue of reasonable expenses is adjudicated on as part of the court process but the court will have to be satisfied the expenses were reasonable and in line with what is intended. Is that correct?

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

David Cullinane: I move amendment No. 79: In page 38, line 10, after “section 35” to insert “or any payment made or received in accordance with section 36”.

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

David Cullinane: I think the Minister's response was reasonable, so I will withdraw my amendment. Like Deputy Shortall, I will give the matter more consideration and might come back to it on Report Stage.

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

David Cullinane: We will wait for the briefing.

Joint Oireachtas Committee on Assisted Dying: Healthcare Professionals and Assisted Dying: Discussion (23 Jan 2024)

David Cullinane: I thank the witnesses for their evidence and their answers to the questions, which have been good. I will start with Dr. Crowe and her opening statement. I wish to be fair to her. She raised the change in the drafting of the ninth edition and what she called the misinterpretation of the removal of one paragraph. She has given a rationale for that removal. It is not unusual that, taking...

Joint Oireachtas Committee on Assisted Dying: Healthcare Professionals and Assisted Dying: Discussion (23 Jan 2024)

David Cullinane: For the benefit of those listening and for our transcript, Dr. Crowe made it clear that from the perspective of the Irish Medical Council, that change had nothing to do with taking a stance or paving the way for a change to legislation in this area.

Joint Oireachtas Committee on Assisted Dying: Healthcare Professionals and Assisted Dying: Discussion (23 Jan 2024)

David Cullinane: That is the position.

Joint Oireachtas Committee on Assisted Dying: Healthcare Professionals and Assisted Dying: Discussion (23 Jan 2024)

David Cullinane: I thank Dr. Crowe. I will come to Dr. Chapman, if I can. I ask that answers are as brief as possible although I appreciate that is difficult when we are dealing with a complex issue. I thank Dr. Chapman for her opening statement. She stated that in the context of the New Zealand legislation, "There are areas of the legislation which need revision." Would she outline to the committee what...

Joint Oireachtas Committee on Assisted Dying: Healthcare Professionals and Assisted Dying: Discussion (23 Jan 2024)

David Cullinane: I will come to Dr. McLaren. His opening statement was interesting and I thank him for the evidence he has presented. He talked positively about the delivery of voluntary assisted dying, VAD, services in his country. That is his experience and I accept that. It is important for us to hear that. He did say, however, that it is not without its challenges. He went on to talk about "the...

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