Written answers

Tuesday, 13 November 2018

Department of Health

Commencement of Legislation

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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456. To ask the Minister for Health when the Children and Family Relationships Act 2015 will be fully implemented; the reason for the delay for same; and if he will make a statement on the matter. [47193/18]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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Commencement of the Children and Family Relationships Act 2015 requires the completion of a number of interrelated tasks in order to ensure the new legislative framework is coherent at all stages for individuals.

The Children and Family Relationships (Amendment) Bill 2018 was enacted on 24 July 2018. This Act was introduced to correct typographical and technical errors in the Children and Family Relationships Act 2015, which will facilitate the subsequent commencement of Parts 2 & 3 of the Act. Parts 2 & 3 of the Children and Family Relationships Act 2015 contain provisions relating to the regulation of donor-assisted human reproduction (DAHR) procedures carried out in the State, including dealing with the rights of children born as a result of those procedures. There are important administrative and operational arrangements to be put in place to facilitate the implementation of Parts 2 & 3, including the establishment of the National Donor-Conceived Person Register and the appointment of authorised persons under the Act. It is my intention that Parts 2 & 3 of the Act will be commenced as soon as possible.

A number of sections of Part 9 of the Children and Family Relationships Act 2015 provide for the registration and re-registration of the birth of a donor-conceived child. Commencement of Part 9 of the Act is the responsibility of the Minister for Justice and Equality in consultation with the Minister for Employment Affairs and Social Protection. However, a number of these sections have to be amended and have yet to be commenced. Commencement of these provisions is also dependent on commencement of Parts 2 & 3 of the Act.

Officials from the General Register Office, the Department of Employment Affairs and Social Protection, the Department of Justice and Equality, and the Department of Health are working together to ensure that the appropriate regulatory and operational mechanisms are in place to allow for the earliest possible commencement of all of the relevant legislation that will allow for birth registration of donor-conceived children.

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