Seanad debates

Monday, 30 March 2015

Children and Family Relationships Bill 2015: Report and Final Stages

 

2:30 pm

Photo of Jim WalshJim Walsh (Fianna Fail) | Oireachtas source

I move amendment No. 41:



In page 28, between lines 26 and 27, to insert the following:“(c) the operator of a DAHR facility is certain that the use of the gamete would not exceed the limit on the number of children who may be born as a result of donor gametes from one individual donor. That limit should be a maximum of three births per individual donor.”.
I presume the answer to the last amendment will probably be the answer to this one, which is kicking it for a touch. If introducing legislation, I do not understand why amendments which are very pertinent to its operation and to the procedures are not taken into account. That, in its own way, creates a risk. In this instance, the Minister indicated on Committee Stage that the Government has already agreed to limits on the number of children who can be conceived as a consequence of a particular donor. While a hard and fast decision has not been made on the actual limit, I believe a figure of three is reasonable. From what the Minister said the last day, I do not believe she would regard that as being unreasonable.

We can defer all of these things because they may not have a bearing on 22 May but they have a bearing on any children conceived between now and whenever the next substantive Bill is introduced. Who knows when that will happen. The Minister indicated on Committee Stage that it may happen at the end of this year but there may be a different Government and it may or may not decide to proceed with it. We are in a state of fluidity politically and I do not believe there can be guarantees. However, by bringing in this legislation and by not confining it, the Minister is putting on the Statute Book that any number of siblings can be produced because there is no limit on that in respect of the donors.

I have already spoken about Dr. Joanna Rose and her situation. She is not alone. There are many people like her who have complained about the fact the lack of limits has led to them having 200 or 300 siblings. They have no idea who those siblings are or where they are. There was a case in England in the past couple of years where a young couple got married only to discover they were half siblings. The Minister's Bill facilitates that eventuality. Her answer that this will be dealt with subsequently is inadequate.

It comes back to the reason I proposed the deletion all the sections dealing with donor assisted human reproduction until we have a comprehensive debate, picture and prescription as to where precisely we want to go in this regard. It is very complex and is not without serious repercussions for children and for society.

What we are doing here is that we are proceeding with elements, which are being done on a piecemeal basis, for political expediency which certainly does not prioritise the rights of the child.

Will the Minister accept this amendment in order that, at least pro temor between now and whenever the Government brings forward its limits - unfortunately it will not effect anything that happens outside this country - there will be strict limitations and it will not be anonymous so the products of those particular donors will be known? That is absolutely essential if we want to ensure the best interests of children.

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