Oireachtas Joint and Select Committees

Tuesday, 13 July 2021

Joint Committee On Children, Equality, Disability, Integration And Youth

General Scheme of the Birth Information and Tracing Bill 2021: Discussion (Resumed)

Photo of Jennifer Murnane O'ConnorJennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail) | Oireachtas source

I apologise. I could not connect to the Internet in the convention centre. My first question was for the first session, so I do not know if it can be answered, but I will ask if the witnesses do not mind. Regarding the birth certificate, there are no circumstances in which it is okay to refuse to issue a birth certificate to someone and right to identity is paramount. Do the witnesses know if this is a widespread practice? Maybe this was already answered. Do the witnesses feel that there is enough engagement about Bills such as this? I get the impression that GDPR is not fully understood and is often used incorrectly. Is that the witnesses' experience?

Regarding the age of digital consent and GDPR as we know it, it was left to states to decide whether that age should be 13, 14, 15 or 16. Many child protection bodies recommended that Ireland set it at the lowest age, 13, to ensure that teenagers could access information services independently of their parents as they start to discover and explore their own identities. Ireland ultimately selected 16 to protect children because of issues with the Internet. I know this is due to be reviewed by May 2022. What are the witnesses' thoughts on this? Head 3(1) and head 5 provide that only a relevant person aged 16 or over will have the right of access to his or her birth certificate, birth information, early life information, care information and medical information. Children warrant special protection when it comes to processing their personal data. What steps can we take to ensure that children have greater access to this information about adoption for tracing purposes?

In the context of adoption and tracing, international human rights law is clear that children have a right to their identity. How can we provide this in the Bill? I apologise for coming in late.

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