Rónán Mullen (Independent) | Oireachtas source

I move amendment No. 52:

In page 34, to delete lines 37 to 40 and substitute the following:“(6) An operator of a DAHR facility commits an offence if he or she fails in their obligations to comply with section 28 to the extent of causing the Circuit Court to make an order under subsection (3).

(7) A person who commits an offence under this section is liable—

(a) on summary conviction to a fine not exceeding €3,000, and

(b) on conviction on indictment to a fine not exceeding €100,000.”.

This follows on from the last amendment. The core issue is that if a clinic fails to keep records and as a result, certain children will never know who their parents are, that is not even an offence. Clinics have committed an offence if they have impeded or failed to comply with the requirement for an inspection, but a failure, negligence, ill will or whatever it was that caused them not to keep the records which will cause a child in the future not to know who his or her genetic parent or parents are is not an offence. That is wrong. The Minister’s approach is far too timid. It is as though she was in the pocket of the clinics. It is not even the lightest of light touch regulation.