Seanad debates

Thursday, 26 March 2015

Children and Family Relationships Bill 2015: Committee Stage

 

10:30 am

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

This amendment would create a specific offence of a DAHR operator’s failure to comply with its obligations under section 28 to keep and retain certain records. The Senators’ desire is to ensure that there are direct and serious consequences of such a failure, which is entirely understandable.

However, section 28 provides remedies for failure to comply. These are to be found firstly in subsection (3), enabling the Circuit Court to order compliance. Second, if there is an ongoing failure to comply, the Minister may make a further application to the court under subsection (5). Of course a Minister would do so, as the State would intervene if there are failures. That will allow the court, if the failure is ongoing, to order the clinic to cease providing donor-assisted human reproduction services. If it is possible to order a facility to cease providing the services, it would have serious financial and reputational repercussions for the clinics concerned. There will be a strong incentive to comply with the requirements set out in section 28.

I believe that where the failure is not so persistent and wilful as to give rise to offences under section 31, the measures available under section 32 are sufficient to bring clinics into compliance and thereby safeguard the identity rights of the child.

Senator Healy Eames said we were trying to give facilities the chance to comply. We do want to give them the chance. They should comply, and if they do not, there are quite serious consequences.

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