Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

On the Deputy's first question, I have tried to use the term "mother" in this engagement and in all my recent engagements on this matter. That is a useful suggestion.

I refer to the issue of GDPR restriction. The reason we propose to restrict certain parts of GDPR under this legislation is to guarantee full and unrestricted right of access to the adopted person. If we do not provide some restriction of GDPR, a parent could object to the release of his or her information. This, in turn, could create a situation whereby an official in the AAI, Tusla, or my Department is required to undertake a balancing approach, which may result in the information being released. However, the policy behind this legislation is to provide for the release of information in every circumstance to the adopted person, and a requirement of that will be that certain GDPR rights of parents, such as the right to object and the right to the restriction of processing, will be limited. There is provision under GDPR for the limitation of rights within legislation, although limitations must be set out clearly. They will be set out clearly in the text of the Bill and that will be done in a proportionate manner. If we do not do that, the situation will continue to arise where an adopted person's request for information can be refused when a parent objects.

On the question of the publication of advice, I think the Deputy knows the answer to that. It is not an answer she will like. We are not in a position to give the advice of the Attorney General to committees.

I hope I have explained the thinking behind the narrow restriction that will be very clearly articulated on the face of the Bill.