Colm Burke (Cork North Central, Fine Gael) | Oireachtas source

I thank the Senator for raising this matter. I know she is very passionate about it and, in fact, has been instrumental in getting the changes about which she spoke. Unfortunately, the Minister, Deputy Donnelly, is unavailable to take this Commencement matter and has asked me to take it on his behalf.

I thank the Senator for giving me the opportunity to inform the House of the up-to-date position in respect of the Health (Assisted Human Reproduction) Act 2024, the upcoming second amendment Bill and the setting up of the Assisted Human Reproduction Regulatory Authority, AHRRA. I also thank the Senator for her continued commitment on this issue and, indeed, the insights and knowledge she consistently lends to debates and discussions on this matter and related issues.

As the Senator is well aware, the Health (Assisted Human Reproduction) Act 2024 was signed into law by the President on 2 July 2024 having passed all Stages in the Oireachtas. I thank the Senator and colleagues for their support throughout the Oireachtas process. The issues covered by the legislation have been widely discussed and examined, including on Committee Stage and Report Stage in the Dáil and by the special Oireachtas Joint Committee on International Surrogacy. Some of the issues that arose require further consideration.

The Minister, Deputy Donnelly, committed to bringing forward a supplementary Bill for inclusion in the Dáil's autumn legislative programme. Last month, the Government approved the drafting of this supplementary Bill based on a general scheme of what is proposed to be titled the health (assisted human reproduction) (amendment) Bill 2024. The Bill was placed on the priority drafting list. I am pleased to say that the formal drafting process for this Bill is under way. The drafting, led by the Office of the Parliamentary Counsel, is being conducted in conjunction with the Department of Health, the Department of Justice and the Department of Children, Equality, Disability, Integration and Youth. As is customary, the Bill will be subject to further consultation with legal advice from the Office of the Attorney General.

I will also point out that in parallel with this drafting work, intensive efforts are ongoing in respect of commencing the AHR Act, including with regard to the readiness of the Courts Service to begin hearing applications for parental orders for surrogacy and also the establishment of the regulatory authority. In this regard, the Courts Service has provided up-to-date information to advise that work is well under way on the rules of court for so-called retrospective surrogacy cases. Indeed, draft versions of these rules have already been circulated to the relevant Departments. It is hoped that a finalised version of these rules might be adopted before the end of quarter 1 2025 and subsequently transferred to the Minister for Justice for consideration.

The Act also, of course, provides for the establishment of the new regulatory authority, namely, the AHRRA. The AHR Act is complex legislation.The new authority, as the agency specifically responsible for oversight and regulation, will be central in embedding safe and appropriate clinical AHR practices and associated research activities in Ireland.

Work is under way in the Department of Health to enable the establishment of the authority as soon as possible. The early appointment of a chief executive officer and identification of suitable candidates for appointment to the board of the authority will be essential to drive the start-up phase of the organisation. These appointments will serve to implement the strategies, policies and procedures necessary to enable the authority to fulfil the statutory mandate provided in the Act. The process of identification of suitable candidates by the Public Appointments Service and State boards is likely to take several months to complete. The aim of the Department is to ensure the core team and statutory board are in place in the first half of 2025.

As the Senator is aware, the interim period refers to surrogacy arrangements undertaken between the commencement of the retrospective provisions of the AHR Act and the prospective provisions on domestic and international surrogacy. The potential option of commencing the retrospective provisions before the prospective provisions has been one that the three Departments have continued to explore in the context of ongoing intensive work by the Courts Service in respect of the establishment of the AHRRA. However, it is not possible to be definitive at this time about whether this will ultimately be the course of action taken. Therefore, as part of the formal drafting process, which has been and is complex, the three Departments, in conjunction with the Office of the Parliamentary Counsel, will continuously review this aspect to see what, if any, specific provisions have to be made in respect of any interim period that emerges from any final decision on the respective commencement dates.