Liam Twomey (Wexford, Fine Gael)
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Question 284: To ask the Minister for Health and Children if she has undertaken to review the safety of IVF in view of the delay in legislation in relation to same; and if she will make a statement on the matter. [39403/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Commission on Assisted Human Reproduction (CAHR) was established in March 2000. Its terms of reference were:

'To prepare a report on the possible approaches to the regulation of all aspects of assisted human reproduction and the social, ethical and legal factors to be taken into account in determining public policy in this area.'

The Commission conducted an intensive and analytical examination of Assisted Human Reproduction (AHR) issues, and its conclusions derive from this wide research. In its report published in May 2005, the Commission noted that in the case of all of the AHR specialist clinics in Ireland, the director was a consultant obstetrician/ gynaecologist on the register of Medical Practitioners of the Medical Council. The Medical Council's Guide to Ethical Conduct and Behaviour, to which all registered medical practitioners are subject, provides inter alia that doctors are obliged to preserve life and to promote health.

In addition, the European Communities (Quality and Safety of Human Tissues and Cells) Regulations (Statutory Instrument No. 158 of 2006) came into law on 7 April, 2006. The Regulations apply to tissues establishments that are involved in the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells intended for human applications. The aim of the Regulations is to ensure a high level of protection of human health.

The Regulations include criteria for assessing the status of prospective donors, inspection and control measures, traceability of donations and qualifications and training for persons working in tissue establishments.

Fertility clinics are tissue establishments under the Regulations. They must be inspected and authorised by the Irish Medicines Board, which is the competent authority under the Regulations, to ensure that they meet quality and safety standards.

In addition to the foregoing, I have instructed my Department to begin preparing for specific legislation in the area of AHR. The recent High Court judgment will be examined by my Department as part of this process, along with both the report of the CAHR and the report, when complete, of the Oireachtas Joint Committee on Health and Children.