Seanad debates

Thursday, 26 March 2015

Children and Family Relationships Bill 2015: Committee Stage

 

10:30 am

Photo of Jim WalshJim Walsh (Fianna Fail) | Oireachtas source

I wish to respond to a couple of points, as I am entitled to do on Committee Stage. There is a mistaken presumption running through the Bill that everyone is entitled to a child through assisted human reproduction. There is also a presumption that because some of us oppose sections 4 to 42 we are opposed to the principle of the legislation. That is not the case. My problem with the entire Bill is that it is premature and piecemeal as it addresses some issues and fails to address others. I acknowledged on Second Stage that it has good elements.However, it also contains many voids, for which I do not specifically blame the Minister because she was under pressure to produce something. What we have before us is the result.

I am in favour of all the amendments in this group, one of which is in my name. They are all done in the interests of the child and, as I have stated on many occasions, these interests should underscore every line of the Bill. I will speak to my amendment No. 24, which would introduce an obligation to update information on any inheritable life-threatening condition "within six months of the diagnosis of such a condition occurring in the future". The purpose of the amendment is to place a requirement on the donor to register medical information in respect of an inheritable life-threatening condition that might manifest itself in future. Such information should be registered within six months as it could be crucial to the child who is a product of the donation.

The rationale behind the amendment is Article 10 of the Oviedo Convention which states: "Everyone is entitled to know any information collected about his or her health." The donor conceived child is entitled to know any information relevant to her or his health, particularly where it relates to any inheritable life threatening conditions to which he or she may be vulnerable. This is straightforward common sense. I hope the Minister will accept some of the amendments because they, too, are straightforward.

The section on donor-assisted human reproduction refers to the desirability of the donor keeping updated - "the information in relation to him or her that is recorded on the Register". Section 7(b)(v) provides that the operator of a donation facility "shall, before a person makes a declaration under section 6(1)(c)," inform him or her that, in the event that a child is born as a result of a donor assisted reproduction procedure and having regard to the child’s right to his or her identity, it is desirable that he or she keep updated the information in relation to him or her that is recorded on the register". I fully support the right of the child to his or her identity and compliment my colleague, Senator Power, on her work in this regard. She has been a champion of this right for some time based on personal experience.

It is especially important that any medical information recorded is kept updated, particularly in the event of the donor being diagnosed with an inheritable life-threatening disease. I hope the Minister will agree that we need to ensure such information flows. The presumption is that this Bill will do a marvellous job and I ask the Minister to underpin this assumption. We know the overwhelming majority of donor assisted human reproduction procedures in this country use sperm from Denmark or eggs from Ukraine. Only a tiny proportion of them are generated in this jurisdiction and in such cases the sperm or eggs are generally provided by members of the extended family or friends. All we are doing here is providing for identity rights for a small number of persons. How do we capture the large proportion of procedures where donations from abroad are involved? For example, what efforts are being made at European Union level to ensure the best principles to safeguard the interests of the child will have a Union wide effect? Without such safeguards, this legislation will be full of gaps and have little effect. None of the questions we are raising has been answered.

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