Seanad debates

Thursday, 26 March 2015

Children and Family Relationships Bill 2015: Committee Stage

 

10:30 am

Photo of Ivana BacikIvana Bacik (Independent) | Oireachtas source

I welcome the Minister to the House. Senator Norris has spoken most eloquently and I share his views. I absolutely oppose these amendments. The effect of the five amendments taken together, which contain serious contradictions, would seriously undermine the careful framework set out in sections 5 and 25 concerning donor-assisted human reproduction and, in particular, the issue of parentage. Section 5 clearly sets out the procedure for ensuring a child born through DAHR will have a second parent. A mother's spouse, civil partner or cohabiting partner will be the second parent through the process described in the provision. It is an important provision for children born in this way. I reject Senator Mullen's comments on DAHR. He seems to be opposed to DAHR altogether, although I am not clear what is his view because he seemed to suggest he would support AHR once no donor egg or sperm is involved.

He also seriously misrepresented law in other jurisdictions. The Commission on Assisted Human Reproduction conducted a review of a range of jurisdictions and found that, in general, they permitted the donation of both sperm and eggs subject to particular conditions within a regulatory framework. The amendments undermine the careful framework in sections 5 and 25 and elsewhere in the Bill concerning regulation of DAHR. Currently, it is unregulated in the State and, therefore, the Senator appears to favour a free for all and a scenario where this issue is unregulated. This is a denial of reality because many thousands of couples, most of whom are straight and married, have turned to AHR or DAHR because they have struggled with the human tragedy of infertility. All of us know people who have struggled with this and it is a tragedy for them. AHR and, in some cases, DAHR offer to them the prospect of becoming parents.

I cannot see how people who are proponents of children's rights can oppose, in principle, AHR or DAHR within a carefully regulated framework such as that set out in sensible fashion in this Bill. It is disrespectful, distasteful and objectionable not only for those parents, but also for the many children and adults living in Ireland who were born through AHR and DAHR and who are alive and well. It is a denial of reality to suggest that we should not legislate on this issue. This legislation is sensible and careful. It recognises human reality and the reality mentioned by Senator Norris whereby 36% of births are outside marriage and it is child centred because it recognises the rights of children. We will come to the amendments on the issue of identity but that is also very important in terms of prospectively legislating against anonymous donations.

There has been a careful genesis to this legislation to which Senator Mullen also referred. I was part of the justice committee consultation process. We held a careful consultation and we had hearings with people for and against the Bill, although mostly for the Bill, because there is a general welcome for it across society. Most people who share a common sense of humanity and a sense of reality support this Bill and its sensible measures. We heard from them before the justice committee. We had the consultation period mentioned by the Minister yesterday and the lead-in period to the legislation. I refute Senator Mullen's comments on behalf of Government colleagues.

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