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

Amendment No. 41 is about the identity rights of the child, and I fully understand the principle behind the amendment. I had originally intended to establish a voluntary register on a statutory basis. I reconsidered this after extensive discussion with other Departments and having examined the effect of putting the register on a statutory basis. In reviewing the position, I took into account, for example, that the voluntary contact register for adopted people operates on an administrative basis. This gives a high degree of flexibility without compelling anyone to participate. The reason for placing a register on a statutory basis is often to compel registration where relevant. I have discussed the matter with the Department of Health, in particular, which will be responsible for operating the national donor-conceived person register. It is expected, in due course, to set up an independent regulator in relation to AHR in general. The Department intends to develop and operate, on an administrative basis, a voluntary register to enable donors and donor-conceived children who are born as a result of pre-commencement procedures to register their particulars and, potentially, to contact each other. I hope that clarifies the Department's intentions.

Amendment No. 42 calls for the destruction of records where a live birth has not resulted from a DAHR procedure. Senator Crown raised this matter earlier and I wish to make further comments. This is a wholly understandable recommendation but it is already covered by two major protections. First, the Minister for Health is a data controller within the meaning of the Data Protection Acts. Under the Data Protection Acts 1988 and 2003, information may not be held for longer than is necessary for the purposes for which it was originally retained. This deals to some degree with the other amendment tabled by Senator Crown. This means that where the DAHR procedure does not give rise to a pregnancy and birth, the records in relation to the procedure cannot be retained. Regulations under Parts 2 and 3 can also help clarify this matter, but I am confident and I and assure the Senator that in light of existing legislation, there is no need for a provision in this Bill specifying that the relevant records must be destroyed.