Seanad debates

Thursday, 26 March 2015

Children and Family Relationships Bill 2015: Committee Stage

 

10:30 am

Photo of Rónán MullenRónán Mullen (Independent) | Oireachtas source

I move amendment No. 36:



In page 29, after line 38, to insert the following:“(9) (a) The operator of a DAHR facility commits an offence if he or she makes or permits to be made an appointment or any other arrangement for or on behalf of an intending parent or parents with a person or facility that provides anonymous gamete donation services outside the State.

(b) A person who commits an offence under this subsection is liable—
(i) on summary conviction, to be a class A fine or imprisonment for a term not exceeding 12 months or both, and

(ii) on conviction on indictment to a fine not exceeding €70,000 or imprisonment for a term not exceeding 2 years or both.”.
The purpose of my amendment is to prohibit clinics from referring people abroad to avail of anonymous gamete donation. The amendment provides for certain sanctions in the event of an offence being successfully prosecuted. It is analogous to the provisions of the abortion information legislation of 1995. The offence imposed in this section is proportionate and matches that provided for in section 29(8), which concerns obstructing an authorised person from ensuring that a facility is compliant with the recording standards required in the legislation. A prohibition in legislation has no legal reality without a penalty. The penalties here match those provided for elsewhere in this legislation. The offence is analogous to that which has been provided for in section 8 of the Regulation of Information (Services Outside the State for Termination of Pregnancies) Act 1995.

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