Oireachtas Joint and Select Committees

Tuesday, 28 September 2021

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

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

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats) | Oireachtas source

It is great that people in NUIG are looking at the terminology. We will see what comes from that. I suggest the use of the term "mother" without anything before or after it. That might work. Regarding the concerns expressed by Deputy Cathal Crowe, and for anyone who may be watching, fathers are acknowledged in the Bill and have the same rights as mothers. One objection concerned the contact preference, meaning the adopted person would have to go for the compulsory information session.

Back in October, it seemed there was a consensus that GDPR applied and that EU laws were superior to Irish laws in this regard. That seemed to have been unanimously acknowledged. The Minister stated the Bill would restrict GDPR. Is that possible? He also said the Attorney General provided advice on this issue. Will the Minister share that advice with us? I ask because the only reason there can be an exemption in this context is if it can be shown to be necessary and proportionate. As Deputy Bacik pointed out, we are a complete outlier in a European context in this regard. Can such an exemption be shown to be necessary and proportionate? Is it possible to share the Attorney General's advice or the reasoning informing this position with the committee?

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