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Seanad
‹ Order of Business

Brexit rights and donor conception

Summary

Senator Conway-Walsh warned that Brexit threatened North-South rights, including access to healthcare. Senator O'Donnell then spoke about the Children and Family Relationships Act and legal recognition for donor-assisted human reproduction.

I commend those from the civic nationalist group who organised an open letter to the Taoiseach. The previous letter was signed by 200 people but this one was signed by 1,000. The increase in the number of signatories is not only an indication of the welcome support of a broad range of nationalists in the North but also a sign of the growing concern that their rights are threatened by Brexit. It is important that the letter outlined the threat to specific rights such as that relating to healthcare. In the context of North-South medical treatment, a person travelling from the North to the South for medical treatment is currently covered by the EU health card but that will no longer be the case after March of next year. These issues need to be discussed in a very real way. There are fears regarding what Brexit will mean in terms of access to housing, the mutual recognition of educational qualifications and access to educational grants and other matters. The big concern is that in spite of the very positive response of the Government to those who feel threatened, those people feel more threatened today than when they signed the first letter.

I commend the public responses from the Taoiseach to the letters. It is very important that these issues are highlighted. It would be worthwhile for the Tánaiste, Deputy Coveney, to come to the House to address some of those issues, specifically those regarding health, education and so on. While I very much welcome that the Taoiseach guaranteed that Irish citizens in the North would not be left behind and that there would be no hard border, we need to see the practical steps he will take to underpin that promise. I thank those who signed the letter and I thank the media for the way they have discussed it. This is a very important issue. It is not good to have a vacuum or to have people in fear of losing their lives.

Comment on this

I was present for the enactment of the Children and Family Relationships Act 2015 in spring 2015. Parts 2 and 3 of the Act govern family relationships arising from donor-assisted human reproduction, that is, the use of donor eggs, sperm or embryos to conceive children. They create a legal structure whereby the commissioning or social parents of children born through donor-assisted human reproduction would be rightly recognised as the parents of those children. The Act also prohibits the practice of anonymous egg, sperm and embryo donation and creates a legal regime to ensure that children born through such a process will be able to find out the contact details of the donor and try to make contact if they so wish. The ultimate purpose of the provisions is to vindicate the child's right to identity. However, Parts 2 and 3 have not yet been commenced. There has been a delay of almost three and a half years between the passing of the Act and the commencement of those parts. The commencement of the Act is the responsibility of the Minister for Health, Deputy Harris. In a press release on 6 July, the Department of Health stated that commencement would take place in the autumn. I ask the Leader to clarify whether commencement is imminent and, if it is not, whether the Department will indicate the reason for the very lengthy delay. This is an important issue which relates to the assisted human reproduction that takes place openly in other countries and in private in this country, adoption tracing bills that will be coming before the Houses and, of course, the remains of bodies at mother and baby homes, which is a different but connected issue. Parts 2 and 3 of the Act have not been commenced some three and a half years after the Act was passed. Anonymity regarding egg, sperm and embryo donation should be prohibited in Ireland. This is a very serious matter. I ask the Leader to provide clarification on the status of the commencement of Parts 2 and 3.

I am aware that the Minister is busy but perhaps he could come to the House and let me know.

Comment on this