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. 2:



In page 13, line 5, to delete “, civil partner or cohabitant, as the case may be,”.
As will be clear to people who have looked at the amendments, the approach that Senator Quinn and I have taken is that we are opposed to all of the provisions on donor-assisted human reproduction because we believe that all of those provisions are replete with injustices from a child welfare or children's rights perspective.I certainly believe that. Senator Quinn will speak for himself. Therefore, the approach we have taken with this legislation is to oppose all of those sections but of course we also have other amendments in which, in default of getting the Minister’s agreement to remove those sections, we propose certain amendments that would at least mitigate the situation, always from the perspective of trying to secure a child’s rights and a child’s best interests, which I believe must always flow from a presumption that all things being equal it is better that a child be brought into the world and be brought up by his or her mother and father, except in exceptional circumstances and that where it is not possible for a child to be brought into the world by his or her own mother and father that every child would have a father and a mother. Notwithstanding the circumstances of life that need to be addressed in justice to children and their families, and the many good things that are in the Bill which seek to address real-life situations, the law should never embrace, facilitate or countenance circumstances where by virtue of the actions of adults or fertility professionals situations are brought about where, by definition, a child will be deprived of the right to be brought up by his or her father or mother.

Very often when Government proposes to do what are, bluntly, bad things, it uses a euphemistic term of "regulation". We are told that in order to prevent the free-for-all that might take place now or could take place in the future, the Government is going to regulate a situation. I do not support that approach in the context of the Bill. Regulation embraces things that are, by definition, unjust. In opposing the sections on donor-assisted human reproduction, DAHR, I am not saying that the status quo is fine. I am saying that we need laws that would restore to children the right to never be deliberately deprived of the possibility of being brought up by their father and mother. In order to outline my approach I will borrow an old and perhaps overly used story about the old man in Connemara who is asked for directions to Dublin and who says “Well, to be honest with you, I would not start from here at all.” That is my approach. Starting from here with this highly flawed and unjust legislation is the wrong approach, without in any way denying that a measure of regulation is needed in this area to prevent current injustices and possible future injustices in relation to children’s rights to be brought into existence and loved by their genetic parents.

I am not taking the approach of trying to create the perfect law. I am opposing what I see as being fundamentally unjust within this law. I am not for a moment denying there are good things in the Bill which address real-life situations such as provisions on guardianship. The Bill is good wherever it is proposed to regulate the situation in favour of a child’s rights. However, where the Bill proceeds from an assumption that a child must put up with certain things which flow from certain adult aspirations to have children in circumstances where that prevents the child from being brought into existence or from knowing for a considerable period who they are or having the love and society of their genetic parents, to my mind that is most profoundly unjust. That is the fundamental critique of this legislation. It is not about the position of same-sex couples per se, it is about the widely held view that marriage is the gold standard for bringing up families while recognising, respecting, appreciating, loving and supporting all of those situations where children are being brought up outside of marriage but never denying what the evidence shows time and time again, which is the proven benefits of marriage. That was perhaps even more apparent from the initial version of this Bill in relation to certain other sections. I wish to note in passing that I did not hear the Minister in her Second Stage speech in the Seanad engage with the substance of the critique of this Bill in that I do not think I have heard her deny the assertions that have been made by me and others about the right of children to a father and mother wherever that is possible. I could be wrong. Neither have I heard her cite social studies, insight or argument with the fundamentals of the critique.

The DAHR provisions of the Bill are fundamentally misconceived and deeply harmful. In essence, the effect of introducing these sections in the legislation is to declare that it makes no difference whether one’s biological parents raise one or whether two men, two women or a single man or a single women to whom one may or may not be related does so. It is a complete neutrality. That is why I have felt it necessary to criticise and express my disappointment with the children’s rights fraternity as well. They seem to proceed from the view that whatever adults impose on children is fine until they are born and then they will start taking an interest in children’s welfare. There is a complete abandonment of responsibility about promoting as socially desirable the idea that a child would have his or her own father and mother in their life, or at least a father and a mother. All of the children’s rights fraternity who are implicated in that should really call themselves aside and ask what is behind this failure to vindicate the rights of children in that particular and very important situation.

It should be clear that being a biological parent is something far different and much more important than being something like a blood donor. A parent is the person who gives one half one’s identity. He or she does not cease to be simply that because the Bill says so. The majority, some 90%, of people who use IVF in this country do not use donor eggs or sperm. We are not talking about that cohort. The Bill normalises and reinforces the idea that it is fine to use donor eggs and sperm so long as one gives the child some meagre information once they turn 18 and go looking for it. Indeed, they might not discover it until much later or it might come as a surprise to them, unless their parents have sought to inform them earlier. What a travesty. What a pathetic attempt to vindicate a child’s rights, to confine their right to know who they are to that, long after the formative years are over, when they are not in a position to have the experience of being loved and cared for by their genetic parent. How adult-centred it all is. The use of donor eggs and embryos is banned in Germany, Austria, Italy and Switzerland unless the law has changed in recent times in those countries.

To reassure you, Acting Chairman, other than these opening comments which address all of the sections, I will not give additional long speeches. The Minister will have her opportunity to consider these amendments. I look forward to hearing her reply. Some of this will be highly relevant to the debate on the referendum, because as I said yesterday and will say again tomorrow, there is an interconnection. However, we will not be detained by that today. This is the chance for the Minister to prove without a doubt that she does indeed put children at the centre of the legislation. What this country is proposing in the legislation is deeply radical in contrast with many countries. I admit that Britain has very radical laws in this regard, but what we propose is radical when one compares us with Germany, Austria, Italy, France and Switzerland. In those countries only married males and females or stable unmarried male and female couples may access assisted human reproduction. There must be a reason for that. I would love to hear the Minister explain to me why she thinks those countries have gone that route. I would also love to hear whether she considered that approach as a possibility or whether a promise was made to certain interest groups and it is all about the will to power from there on and there will be no real engagement with the different possibilities.In Germany, Austria, Italy, France and Switzerland, single women and lesbian couples do not and cannot access assisted human reproduction. I do not think they are in the dark ages. The use of donor sperm is only exceptionally allowed in Germany, Austria, Italy, France and Switzerland, and the use of donor eggs is not allowed in Germany, Austria or Switzerland. It is allowed in Italy and France. The use of donor embryos is not allowed in Germany, Austria, Italy or Switzerland. It is allowed in France. Compared to some of these countries, what is proposed here is a complete free for all. As I said on Second Stage, how remarkable it is that we had so much more and lengthier debate about animal welfare legislation then we are having about this legislation, which is fundamentally about child welfare. It is no argument to say we had some measure of pre-legislative scrutiny some months ago at the Oireachtas Joint Committee on Justice, Defence and Equality, but that was fleeting indeed, and a large number of organisations were rushed through like an express train.

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