2026-04-21

118. Deputy Pádraig Rice asked the Minister for Health the timeline for the full commencement of the Health (Assisted Human Reproduction) Act 2024; to provide an update on the drafting of supplementary assisted human reproduction legislation; and if she will make a statement on the matter. [28695/26]

I begin by welcoming the commencement of section 232 of the assisted human reproduction Act which took place yesterday, and the changes to the Children and Family Relationships Act that resulted. This provides a pathway to parentage for some donor-conceived children. I know there were celebrations in many households across the country who benefit from those changes, which are welcome. When does the Minister intend to commence the rest of the Act and what is the update on the supplementary legislation that is required?

I thank the Deputy for his ongoing engagement on this. As he knows as well as I do, this makes a huge difference to families around the country. Much progress has been made now. The Health (Assisted Human Reproduction) Act 2024 was signed into law by the President in July 2024. I have a difficulty with a definitive timeline as to the complete commencement of the AHR legislation as there are a number of interdependencies and considerations involved, not least the timing that I do not control over a Supreme Court case. On the full commencement of that and the full application of the legislation, there is an interdependency there that is outside of my hands. The others include the second Bill, the AHR amendment Bill being enacted, and the regulatory authority being fully operational. I can give the Deputy an update on what is happening with that, but there is also an important relevant Supreme Court judgment pending. I understand the case is due for mention on Monday, 27 April but it will be very difficult for us to get to Committee Stage without that having been resolved. That is really important. As the Deputy is aware, our formal drafting of the AHR Bill is at an advanced stage. It is very substantive. It is on the priority list for publication. Department officials in my Department are scheduled to meet with the Office of the Parliamentary Counsel tomorrow to discuss what is expected to be one of the final drafts and I expect to be in a position to introduce it to the Dáil this term. Some administrative sections of the 2024 Act have been commenced, specifically to establish the Assisted Human Reproduction Regulatory Authority, as the Deputy knows. The Deputy mentioned that three subsections of section 232 of the 2024 Act have been commenced. It is complex and there are very many slightly competing and multifaceted perspectives to be considered. We are going to have to think about the sequencing of some of it but I hope to advance it as quickly as I can.

I thank the Minister. I welcome the commitment to advance it because the pace of change has been far too slow. It is now 26 years since the commission on AHR, four years since the Oireachtas Committee on International Surrogacy, and seven months since the health committee published our report providing pre-legislative scrutiny of the legislation. There is real frustration about the delays here. We need to see urgent progress. In relation to the case, and I mentioned this to the Minister of State, Deputy Butler, when we debated this in December, the State's failure to legislate has resulted in these cases. In the absence of legislation, people had no option but to go to the court to try to vindicate their rights. This will continue. We will have more people going to the courts trying to vindicate their rights in the absence of legislation. We need to pass the Bill. I have no doubt that, in some cases, there are people threatening the Minister with legal action who would withdraw that, but it is the absence of legislation. We have created this mess by delaying the legislation and by not progressing it in the 26 years since the commission published its report.

The Deputy is a practical person, as am I. If a court case is before the Supreme Court, then there is a court case before the Supreme Court and there is nothing I can do about that. I would be in breach of my own responsibility not to cross over in the separation of powers were I to do anything other that wait for the outcome of that. I do not have any discretion in relation to that. As for people threatening to take legal cases, people are entirely entitled to take legal cases if they wish to do so. That is the essence of being an Irish citizen. There is no quid pro quo in relation to it. I am dealing with what I am trying to get resolved now. The reality is that we are advancing the legislation. We will not be able to take it to Committee Stage until the Supreme Court case is determined. It is not that I wish to be in that situation; I do not wish to be. That is simply the factual reality of that situation. There is nothing I can do about that but I will do everything that I can control as quickly as possible.

I do think it is a situation of the Government's making. People absolutely have the right to take cases but people do not want to go before the courts. These families do not want to have the legal costs and the stress imposed on them by going before the courts. I think the Minister would agree with me that we need to expand personal freedoms generally in this republic. We need to vindicate the right to procreation, the right to private and family life and reproductive freedoms. There is much work left to be done, in particular the rights of the child, the rights of their parents and greater equality more broadly. This is a key part of that. I really hope that we get this legislation enacted and commenced, and that we are not waiting and waiting because we have waited long enough.

I agree with the Deputy. Indeed, this is something I have been involved with in different ways since working in the Department of children and since advancing the Children and Family Relationships Act, as I did when I worked in the Department of justice in 2013. I have been working on this for a really long time and I share the Deputy's frustration. I want to see people having access to families where they can. We need to speak about rights in totality, however. Yes, there is a right to family, a right to procreate and all of those different things. There is also a right, and we have an obligation as an outward-looking country, to make sure we are doing everything we can to protect everyone else. I am not saying this specifically to this but I do remember questions, when I started working here and we were dealing with, for example, adoption, the Hague Convention and the restrictions that were put in place because some of our actions at that stage were, frankly, exploitative or potentially exploitative. That was pulled back and for good reason. It changed the adoption rules for the future and they were very significant changes that were made. There were people who felt that they had a right in a particular way, but those rights always have to be balanced and because we are an outward-looking, humanitarian society, we have to take the rights of everybody into account. I know the Deputy will be at the front of that, having advanced looking at things through a human rights lens. There is more than one human involved in these and we have to be careful and balanced. I am not trying to limit anybody but I just have to say it as well.