Seanad debates

Monday, 30 March 2015

Children and Family Relationships Bill 2015: Report and Final Stages

 

2:30 pm

Photo of Rónán MullenRónán Mullen (Independent) | Oireachtas source

Just how many donor-assisted human reproduction cases is she contemplating will take place? On her own and the Government's reassurances, DAHR will presumably be a very small part of any clinic's business. The Minister is not proposing to interfere one iota with their general business. The Bill simply provides for the Circuit Court to make an order prohibiting or restricting DAHR and then only until such a time as they satisfy the court of their ability to comply. I remind the Minister that ordinary words have ordinary meanings. She has not used the word "intention", she has only used the word "ability" and she has not told us why.

Let us remember what is at stake here. What is at stake here is that a clinic, a DAHR facility, may have failed to maintain records that would enable a child in the future to know who they are. Or am I wrong? There is a potentially irreversible failure of duty of care to the child under this legislation, end of story. It is irreversible, not solvable, because the donor or knowledge of who the donor is is long forgotten. That is either a serious matter or it is not. I really invite the Senators here to consider on its merits what the Minister has proposed in this section. It is clearly regarded as a trivial matter. By the way, I do have something to add on the subject of amendment No. 52. The Minister herself mentioned the penalties in section 31. Why are those penalties not there in section 32? Why is it only an offence if they fail to comply----

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