Seanad debates
Thursday, 26 March 2015
Children and Family Relationships Bill 2015: Committee Stage
10:30 am
Rónán Mullen (Independent) | Oireachtas source
In light of Senator Healy Eames's very pertinent point, I am very disappointed about that response from the Minister. The Senator is absolutely right in making the point about equality and the fact that an intending mother must be at least 21 years of age. The difference between the two minimum age requirements is perhaps explained by the emphasis the industry places on getting students to donate their gametes. That is a very troubling thing, because the exploitation of students is an issue. Concerns that it could not be provided for because the donors might be abroad are absolute nonsense. The Minister for Agriculture, Food and the Marine knows all about issues of traceability, creatures crossing boundaries and the massive bureaucracy involved in tracing the identity of other creatures. It would not be beyond human ingenuity for the law to require that a donor abroad would have to show evidence that they had received independent counselling.
In common law, people try to set contracts aside because of a particular relationship between the parties and questions of undue influence, but the idea that one can show independent legal advice is one of the great defences. It is such a well established concept in our law that it should be obvious to the Minister, but everything she says seems designed to give the clinics whatever they want and to facilitate the industry. That is why our proposals are getting no traction.
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