Sheila Terry (Fine Gael)

Department officials said at the Sub-committee on European Scrutiny hearing that Ireland had indicated it would not oppose the Commission's proposals as currently drafted – having discussed the matter with the Department of Health and Children and other relevant Departments – because the funding of any research activity in Ireland which would not satisfy Irish ethical or legal requirements was not anticipated. However, if the Medical Council changes its rules, currently under review, this could satisfy Irish ethical requirements, as apart from the Constitution there is no legislation governing this area. Furthermore the Department of Health and Children, which has been consulted by the Tánaiste's Department, has a commission on assisted reproduction, which has not reported. How can that Department make up its mind on this issue without such an important report?

In point 6 of the document submitted to the Sub-committee on European Scrutiny it is stated: "Ireland has indicated that it considers it inappropriate to object to such research being carried out in member states, were it deemed to be both legal and ethical." However, that is not the point. We are not asked to object to such research taking place in other member states. That is a matter for those member states. This proposal concerns all EU states for the funding of such research and for allowing it in Ireland if the Medical Council changes its guidelines.

Scientists here could carry out such research without any change to Medical Council guidelines as these only apply to medical doctors. The European Union (Scrutiny) Act 2002 was passed last year by the Oireachtas to reinforce the powers of the Houses so that legislation coming before the Council of Ministers could be duly scrutinised. Such scrutiny has rejected this proposal, but even that scrutiny came about by accident. I hope the Tánaiste will listen carefully to all the comments made by Senators and take them into consideration when making her decision at the end of the month.