David Norris (Independent) | Oireachtas source

I move amendment No. 1:

In page 4, between lines 2 and 3, to insert the following:"(I) constitutes a felony under Irish law or involves the harvesting of human organs,".

I thank the Leader for allowing us latitude in bringing forward these amendments. What I am seeking here is information. Subsection 1(a)(d)(ii)(I) of the Bill refers to an activity in a place other than the State which "constitutes an offence under the law of that place and would, if done in the State, constitute an offence". I am concerned that this might facilitate a loophole in respect of certain activities, particularly organ harvesting. I understand the latter was covered by regulation a year ago, as I learned from the very helpful advisers to the Department. I am concerned, however, that there might be some confusion in this regard.

In respect of the reference to an activity in a place other than the State which constitutes an offence under the law of that place, might there be some barbarous practice which does not constitute an offence in a particular jurisdiction? I do not know, for example, whether organ harvesting is an offence in China, where it seems to be a fairly widespread practice. Whether it is illegal or not, there is no doubt that it is happening. In this context, does the reference to "would, if done in the State" refer to the same state that was referred to in the previous line, namely, a foreign state? It should be absolutely clear that if such action constitutes a serious crime in this country, whether or not it is regarded as a felony in a foreign state, then it will be subject to the criminal law in this country where a practitioner of that activity comes here or where people are availing of his or her services.

As I said, I have a particular concern in regard to organ harvesting. I have a liver problem which may require a transplant at some point in the future. Nevertheless, I would blanch at the notion of going into a hospital in Shanghai, for example, and asking if one of the inmates of the local prison whose tissue is compatible with mine might be bumped off. The very idea is appalling. I am seeking reassurance in that regard in these proposals and I hope the Minister of State will be able, courtesy of his advisers, to offer it. I realise it is not his particular brief, but I am sure he will be able to explain whether my amendment is justified even from my own point of view, regardless of whether the Government is prepared to accept it. I am hoping for clarification, in short, that a heinous outrage against humanity and decency, whether or not it is an offence in the country where it takes place, will be so regarded in this country and, as such, that we will be in a position to take measures against any perpetrators of that activity who come to this country.