Fintan Warfield (Sinn Fein)
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I welcome the Minister of State, Deputy Catherine Byrne, to the House. It has been two and a half years since the Children and Family Relationships Act 2015 was signed into law. This historic legislation gave parental rights to same sex couples across the State and truly embraced the notion that family formations are diverse, and there is no single proposition for Irish identify but only diversity.

Parts 2 and 3 of the Act provide for parentage through donor assisted human reproduction and as of December 2017, Parts 2 and 3 have yet to be commenced by the Minister for Health. Parental rights provide for an array of protections for a family - for example, allowing a parent to apply for an Irish passport and citizenship for their child; allowing a child to access his or her parents' estate, should they pass; and allowing a parent to make emergency health decisions on behalf of the child. I have received a number of emails from members of the public who are running into trouble in that regard, particularly in the area of passports. In response to a recent parliamentary question, the Minister for Health, Deputy Harris, indicated that the commencement of Parts 2 and 3 would be in place by "the end of the year.". In response to further parliamentary questions tabled by Deputy Louise O'Reilly, the answers omitted a timeline that was requested by us, suggesting that the Department is working to resolve a small number of technical issues involving the commencement of Parts 2 and 3. My first question is whether there is a timeline for the commencement of Parts 2 and 3 of the Child and Family Relationships Act? A significant number of families are experiencing legal uncertainty and are having their rights deferred. I think same sex couples and their families have waited long enough for the commencement of these Parts of the Act.

Catherine Byrne (Dublin South Central, Fine Gael)
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I will read the statement that has been provided by the Minister's office and I will refer to some of the issues the Senator has raised. The Children and Family Relationships Act 2015 reforms and updates family law to address the needs of children living in diverse family types. As Senator Warfield is aware, the Minister for Health is responsible for the commencement of Parts 2 and 3 of the 2015 Act and associated regulations. As well as making regulations in respect of donor assisted human reproduction procedures, Parts 2 and 3 of the Act 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 wish to do so. These provisions were specifically included in the Act to underpin the rights of the child under Article 42A of the Constitution of Ireland's commitment to the UN Convention on the Rights of the Child, including the right to have information on their genetic heritage.Parts 2 and 3 also provide legal clarity on parental rights and responsibilities. While matters such as the registration of births are not directly encompassed within these parts of the Act, the Minister recognises that the commencement of Parts 2 and 3 is necessary for provisions in these areas to be fully effected. I assure the Senator that the commencement of Parts 2 and 3 is a matter that the Minister for Health wants to address as soon as possible. Officials in the Department of Health are preparing draft regulations to facilitate the commencement of Parts 2 and 3 of the Children and Family Relationships Act 2015 and they are working to resolve a small number of technical issues to ensure that the processes associated with parts 2 and 3 of the Act can be commenced. I will address other issues that the Senator raised when I reply again.

Fintan Warfield (Sinn Fein)
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I am disappointed that, having previously been given a timeline for the end of this year, that again, we are not being given an indication about the introduction of Parts 2 and 3. I have no doubt that the Department is working hard on this but I urge the Minister of State to give urgency to this issue. Same-sex families have waited long enough and we cannot claim to recognise all families equally until this obstacle is overcome. I urge that the Department and Minister give urgency to this issue.

Catherine Byrne (Dublin South Central, Fine Gael)
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I have just come from a meeting in the Department with the Minister, Deputy Harris, and departmental officials. There are details that have to be ironed out before it is brought in. I assure the Senator that January to early February will be the timeframe. If possible, it will be implemented by the end of January and if not, then the beginning of February. That is what came from the meeting this morning and I have nothing else to add on that.