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

We had some discussion on this issue earlier and I indicated that the retention of medical information relating to donors would be dealt with in a Department of Health Bill in due course. That Bill will also set out the rules under which the Minister for Health may be asked to contact a donor or a donor-conceived child or provide for the authority, when developed, to do that in the unlikely event that a serious genetic issue is identified. I use the word "unlikely" because the donor screening is extensive and is likely to identify any serious issues and to ensure unsuitable donors are not recruited in the first instance. Clearly, I recognise that some information may become available at a later point. I said also that a mandatory requirement to update the register with certain information could be problematic and likely to discourage or prevent donation. However, the donor-conceived child will have the option of contacting the donor and can ask for the information if he or she chooses to do so.

Amendment No. 48 would eliminate the discretion of the Minister for Health to refuse to release donor information where representations were made to him that the release of that information would prejudice the safety of the donor or the donor-conceived child. We had some discussion in the Dáil on this and I changed the wording used. The word "well-being" had been used and I removed it because it was too broad a term. What is in the legislation now mentions where there is "serious" risk to the safety of the child or the donor. This is an exceptional provision. It is unlikely information will be withheld, but I am advised legally that I need to include a provision that allows for an exception where there might be safety issues and that it is essential the Minister for Health will have some means of dealing with truly exceptional circumstances that might arise.

I do not consider it necessary to change from the use of the word "sufficient" to "sufficiently grave" as proposed in amendment No. 49. This is clearly the case as the carefully set out safeguards set out a presumption that the donor-conceived child is entitled to the information and ensure he or she has the possibility of appealing a decision against release to the Circuit Court. Therefore, even in exceptional cases an appeal to the Circuit Court is possible. The court would then be in a position to access the information, which would be about the safety of the child or the donor. The Minister for Health would be the defendant, but the issue could be appealed to the court.