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

I thank Senator Ó Clochartaigh for tabling this amendment, which would provide for a transition period to allow couples currently undertaking donor-assisted human reproduction procedures to continue with their treatment and to facilitate an orderly move to the regulatory framework that is outlined in sections 2 and 3. I have already clarified the position on providing a transitional period. Certain explicit transitional provisions already are included, as the Senator noted, in sections 25(5) and 25(6). The provisions set out in section 25(5) allow a three-year period from the commencement date to allow a couple to have a sibling using gametes from the same anonymous donor. Section 25(6) is very important from a constitutional point of view. It stipulates there is no time limit for the use of an embryo formed before the commencement date, even where the embryo concerned was formed using anonymous donor gametes. This is in line with the constitutional protections in this regard.

I reconfirm my clear commitment, together with the Minister for Health, Deputy Varadkar, that Parts 2 and 3 will not be commenced for a minimum period of one year from the date of enactment. This is to ensure, in the interests of the many couples undergoing the stresses of donor-assisted fertility treatment, that they and their medical teams can continue their treatment. This one-year period will provide at least the same transition period set out in the proposed amendment, which will enable couples currently undergoing treatment to continue with that treatment and will give clinics time to prepare for the new regulatory framework. This is a practical and pragmatic administrative solution to which I have given a clear commitment in order that there can be a seamless transition to a new regulatory framework, which is very important. On the basis of this commitment, I ask the Senator not to press the amendment.