Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

However, everything is based on the information available. Decisions cannot be based on information that is not available. Any decisions that any State agency makes, any clinical decision that any doctor makes or any decision that any judge makes on any given day is based on the information available. There is nothing weak in saying it is based on the facts. That is essentially what that means. It goes on to state that not only will the Minister be obliged to list all the documentation required - in answer to the Senator's question, counselling is included - it also goes on to state: "For the purposes of subsection (3), the AHRRA may also have regard to information obtained otherwise than from a relevant person."

Therefore, stating that the regulatory authority shall not approve a surrogacy arrangement unless it is satisfied "that the relevant person, and each other relevant person, does not present a potential significant risk of harm or neglect" is a very high bar, as Senator Seery Kearney pointed out. It is a very high bar that the vast majority of intending parents are not subjected to. It is a very high bar in stipulating that it shall not approve the arrangement unless it is satisfied that those involved do not present a potential risk. It is not an established risk but a "potential risk" of harm or neglect. It is a very high bar. Based on the information available to the authority just means based on the facts and every court in the land bases its judgments on the facts.

I will not come back in again. We have had a useful debate. The issues of child protection are very important and it is very important that we tease them out. I am clearly not going to convince Senator Mullen of anything. I hope Senator Keogan will reflect on the very substantial protections in place, which I know she takes seriously.