Mattie McGrath (Tipperary South, Independent)
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610. To ask the Minister for Health the constitutional protections currently in place for in vitro embryonic human life; the proposals in place to alter such protections; and if he will make a statement on the matter. [13289/15]

Leo Varadkar (Dublin West, Fine Gael)
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Article 40.3.3 of the Constitution protects the right to life of the unborn “with due regard to the equal right to life of the mother”. However, in Roche v. Roche (2009) the Supreme Court found that three frozen embryos produced during IVF treatment were not considered “unborn” as outlined in the Constitution. The Court ruled that the provisions of Article 40.3.3 only applied following the implantation of an embryo in the womb. Therefore, in vitroembryos do not have constitutional rights under Article 40.3.3 of the Constitution.

Nevertheless, I note from Roche v. Roche that there is a legal requirement to demonstrate respect and dignity towards in vitroembryos. As you are aware, I recently received Government approval to draft a General Scheme of legislative provisions dealing with assisted human reproduction and associated research and I can assure you that dignity and respect will be at the forefront of considerations throughout the drafting process.