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

The purpose of the amendment is to ensure intending parents have counselling on the consequences of having a child through donor assisted reproduction before undertaking the procedures. In broad terms, I accept the principle that intending parents receiving fertility treatment should receive counselling. That is correct. From my discussion with clinics, I understand they regard counselling as vital and will not provide treatments unless their clients first undergo counselling. I have had one meeting with the Institute of Obstetricians and Gynaecologists, which represents a variety of professionals working in the area, and one meeting and with one of the clinics, the Sims IVF clinic, at its request. That is the extent of my discussion with the clinics. From those discussions, clinics regard counselling as vital and will not provide treatment unless their clients first undergo counselling. This is one of the wider issues of assisted reproduction, which remains fully within the remit of the Minister for Health, Deputy Leo Varadkar. In parallel, he is advancing his policy proposals on broader regulation of assisted human reproduction. His proposals will address issues ranging from who may access treatment to measuring long-term outcomes. Counselling of individuals or couples considering or planning treatment is clearly within his area of policy responsibility. His proposals in that regard were recently approved by the Government and include requirements that people availing of all forms of assisted human reproduction, not just donor assisted fertility treatment, undergo counselling in advance of treatment. To the extent that the Bill regulates aspects of donor-assisted human reproduction, it is confined to what I am advised is reasonably necessary to allow the assignment of parentage while protecting the identity and rights of the child. The Bill does not purport to regulate the many related issues, such as access to treatment prohibitable procedures etc. I am in sympathy with the general spirit of the amendment but I hope the Senator will understand the reasons I am not accepting it today.

The same issue arises with amendment No. 6, proposed by Senators Mullen and Quinn, which proposes that prospective donors should provide certification that they received appropriate counselling. Counselling is part of the donor recruitment process and the proposals of the Minister for Health, Deputy Varadkar, will ultimately address this. Counselling takes place on the basis that it is best practice. We know many donations are imported from other jurisdictions and I am advised that donors are counselled there but importation is part and parcel of the current situation. One cannot legislate in an extrajudicial fashion.

As with the counselling of the intended parents, the requirement for counselling is not one that is essential and intrinsic to the assignment of parentage. The proposals in the Bill are not the totality of legislation, which will apply to donor assisted human reproduction and we have those transition issues in the Bill. They are a smaller part of the approach to AHR and are limited to the requirements that must be in place to allow the assignment of parentage in a robust and clear manner while respecting the identity rights of the child. I have sympathy with the amendments but I see it as part of the broader approach to AHR. It is taking place currently because it is considered by all of the clinics to be best practice.