Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

The main point on this provision is it is seen as applying in very exceptional cases. The strong presumption which clearly exists throughout the Bill is in favour of release. I have been advised, in the context of establishing a register such as this, one should allow for exceptional cases and that this should be provided for legally. My legal advice is it can be done in the way I have outlined. It is not the best interest principle, in the sense we are building it in as a basic right for the child to information.

We have done this for the reasons I have already mentioned. In some ways, it is similar, if not absolutely comparable, to the position that applies in immigration, where there is ministerial discretion. While that issue arises frequently, this case would involve exceptional circumstances.

In terms of court, we have stated that the case must be heard otherwise than in public, but my understanding is that this would not preclude some aspects of the case from being made public if the court so decided. I am not sure, so I will check. This provision is to be seen as a strong presumption in favour of release while allowing for exceptional circumstances, for example, where the safety or well-being of the child or the donor could be at risk. The Minister would have to justify his or her decision if it was disputed. For the reasons I have outlined, it is important that we include this provision.