Jim Daly (Cork South West, Fine Gael) | Oireachtas source

I thank the Senator for raising this issue. The Children and Family Relationships Act 2015 reforms and updates family law to address the needs of children living in diverse family types. As he is aware, commencement of the Act is the responsibility of a number of Departments, including the Departments of Justice and Equality, Employment Affairs and Social Protection and Children and Youth Affairs. The responsibility of my Department relates solely to the commencement of Parts 2 and 3 and associated regulations. As well as making regulations in respect of donor-assisted human reproduction procedures, Parts 2 and 3 make provision for children conceived through the assistance of a donor. This includes mandating for non-anonymous donation and the establishment of a national donor-conceived person register to enable children to access information on their donor and genetically related siblings when they come of age, should they so wish.

These provisions were specifically included in the Act to underpin the rights of the child under Article 42A of the Constitution and Ireland’s commitment to the UN Convention on the Rights of the Child, including the right to have information on genetic heritage. Detailed regulation of these provisions will ensure that the information on any child born of donor conception will be recorded securely, in compliance with existing and forthcoming data protection legislation, and in a manner which can be accessed by that child when he or she is of age. Parts 2 and 3 also provide legal clarity on parental rights and responsibilities.

Officials in my Department have prepared draft regulations to facilitate the commencement of Parts 2 and 3 of the Children and Family Relationships Act 2015. However, in the course of that work, they have identified a small number of drafting issues with the Act. The implications of these issues are being explored by my officials and the Office of the Attorney General. As discussions in this regard are ongoing, I do not wish to pre-empt the outcome by citing specific details. If it transpires that amendment is required through primary legislation, I will seek to do so as a matter of priority in order to lay the regulations before the Houses of the Oireachtas to commence Parts 2 and 3 as soon as possible thereafter.

My Department is preparing guidance documentation that will accompany the regulations, when commenced. This is to ensure that intending donors and parents are properly advised, that the relevant consents are clearly and uniformly recorded and that the obligations of clinics, donors and intending parents to provide information to the national donor-conceived person register are clear.

I am acutely aware of the urgency surrounding the commencement of Parts 2 and 3 of the Act. I am also aware of how eagerly the Act's provisions are awaited. I will be happy to arrange a briefing on the substantive issues for all of my Oireachtas colleagues with an active interest in the matter when the discussions to which I refer have concluded.