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. 40:



In page 34, to delete lines 37 to 40 and substitute the following:

"(6) An operator of a DAHR facility commits an offence if he or she fails in their obligations to comply with section 28 to the extent of causing the Circuit Court to make an order under subsection (3).

(7) A person who commits an offence under this section is liable—(a) on summary conviction to a fine not exceeding €3,000, and

(b) on conviction on indictment to a fine not exceeding €100,000."
This amendment relates to the likely level of compliance by clinics with their requirements. It appears to me that there is a lack of consistency in thinking in this area. If the law requires a particular approach, surely this should be backed up by a willingness to prosecute. It seems to me, in the context of something as fundamental as depriving a child permanently of the right to know one or other of his or her genetic parents, that if we are serious about not allowing for an anonymous system, there must be sanctions. As things stand, it is proposed to impose a sanction where it is perceived an investigation to determine whether the DAHR facility is compliant with its record-keeping requirements is being obstructed, but no sanction applies if it is established that such a facility is not compliant. The offence is about a failure to facilitate an investigation. The sanction, such as it is, in respect of non-compliance is merely that the operator of the facility may be prohibited or restricted from providing further services at that facility until such time as the court has been satisfied of its ability to comply with its obligations. That is a mere slap on the wrist. In fact, it is not even a slap on the wrist, it is a tap on the wrist. Even Senator van Turnhout could not call that corporal punishment by parents, it is so mild.

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