Seanad debates

Thursday, 26 March 2015

Children and Family Relationships Bill 2015: Committee Stage

 

10:30 am

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

With regard to the points on consanguinity and the whole area intra-familial gamete donation, there are both intragenerational and intergenerational issues and, clearly, this is very complex. Senator Walsh has also spoken on this point. My understanding from the work we have done in this regard is that it is certainly an area that will need to be spelled out in future legislation - there is no question of that. From an Irish perspective, and for the purpose of information for the Senators, I would point out that we have the Punishment of Incest Act 1908, as amended, with its provisions on that issue. We also have the rules and legislation in regard to marriage not being permitted between individuals within prohibited degrees of relationships on the basis of consanguinity, for example, parents, grandchildren, brothers or sisters, including half-siblings, aunts, uncles, nephews and nieces. There is a whole issue in that regard.

At the moment, we do not have regulation in regard to assisted human reproduction but what we have, and what I understand the professionals work to because there is no legislation, is the Medical Council's guide to professional conduct and ethics. In regard to assisted human reproduction, that guide states that where a registered medical practitioner offers a donor programme to patients, he or she must consider the biological difficulties involved and pay particular attention to the source of the donated material. The practice in the clinics, of course, is that there are very clear rules in this regard but there is no statutory legislation underpinning it.If we were having a debate on the broader AHR legislation, we would be discussing that matter. I reiterate that we are dealing with certain aspects of AHR in the context of the parentage provisions contained in the Bill. I am not for one moment saying that this legislation covers the wide range of issues to which I refer. The discussion of those issues is a matter for another debate. The provisions contained in the Children and Family Relationships Bill in respect of identity and consent represent a move in the right direction. In the context of any issues which might arise in court, the Bill makes provision for that which is in the best interests of the child - whether in respect of guardianship or access - to be the deciding principle.

It is clear there is a need for rules and regulations. In the absence of legislation at present, what holds sway at present is the best practice in which the clinics are engaged. I absolutely accept that this is not enough. The issues of consanguinity, etc., to which the Senator refers would really be proper to broader legislation relating to AHR.

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