Dáil Éireann Debate, Tuesday - 14 November 2023
512. Deputy Alan Dillon asked the Minister for Health to provide a clear and updated timeline on when the Health (Assisted Human Reproduction) Bill 2022, inclusive of the surrogacy provisions, will be presented before the Oireachtas Health Committee; and if he will make a statement on the matter. [49499/23]
View answer513. Deputy Alan Dillon asked the Minister for Health to explain the causes of the current delays with the Health (Assisted Human Reproduction) Bill 2022, inclusive of the surrogacy provisions; what steps are being taken to expedite the process; and if he will make a statement on the matter. [49500/23]
View answerI propose to take Questions Nos. 512 and 513 together.
As the Deputy will be aware, the Health (Assisted Human Reproduction) Bill 2022 was introduced to, and passed Second Stage in, the Dáil in March 2022.
The focus of this Bill is on the regulation, for the first time in this country, of a wide range of assisted human reproduction (AHR) practices undertaken within the jurisdiction.
The Bill as published provided for domestic altruistic surrogacy but does not contain provisions to regulate surrogacy arrangements undertaken in other jurisdictions. However, on foot of Government approval of a proposal from Minister McEntee, Minister O’Gorman and myself, the Special Oireachtas Joint Committee on International Surrogacy was formally established in February 2022, of which the Deputy was a member.
Following the publication of the Committee’s Final Report in July 2022, through a structured and collaborative engagement process, the three relevant Departments (Departments of Health, Justice, and Children, Equality, Disability, Integration and Youth) reviewed the Report’s recommendations along with other relevant matters. This project culminated with the approval by Cabinet in mid-December 2022 of a policy approach in respect of both the regulation of international surrogacy and the recognition of certain past surrogacy arrangements (domestic and international) as well as outline draft legislative proposals.
The formal drafting process of these new surrogacy provisions by the Office of the Parliamentary Counsel (OPC), in conjunction with the three relevant Departments, as appropriate, is at an advanced stage. This is notwithstanding the fact that drafting by the OPC on the AHR Bill had to be paused over the summer due to a diversion of OPC personnel to work on highly-prioritised, non-Department of Health legislation.
The new provisions will then need to be approved by Government following the completion of the formal drafting process. It is intended that the finalised approved legislative provisions will then in effect be added to the AHR Bill at Committee Stage, in tandem with the bringing of substantial proposed amendments to the 11 Parts and 134 pages of the published Bill.
It is important to note that there is no international consensus on or any agreed legal instrument addressing the issue of international surrogacy and no other jurisdiction has legislated for a similar type of bespoke process to that which we propose to be set up here. It is imperative that we get this complex legislation right, including ensuring alignment with provisions in existing related legislation on the Irish Statute Book.
I want to reassure the Deputy that myself and Department officials are absolutely prioritising this work. Officials are engaging on a daily basis with all relevant Departments including the Office of the Attorney General and we are making significant progress. I wish to progress this much-needed and long-awaited legislation as quickly as possible to ensure both that the goal of providing for a route to formal recognition by the State of past surrogacy arrangements or surrogacy arrangements in other jurisdictions is achieved and that a robust regulatory framework for AHR more broadly is put in place.
While it is not possible to provide details prior to agreement by Cabinet, the legislative proposals related to international surrogacy being pursued are closely aligned and consistent with the provisions related to domestic surrogacy outlined in the published AHR Bill.
Key principles underpinning any new legislative measures on international surrogacy include the protection of the rights of all children born as a result of cross-border surrogacy arrangements and the safeguarding of the welfare of surrogate mothers.
I am not in a position at this juncture to give a definitive timeline as to when these new Parts and other proposed amendments will be brought to Committee Stage and the subsequent passage of the AHR legislation through the Houses of the Oireachtas to enactment and, subsequently, commencement.
