Mr. Rody O'Brien:

I will come in on two points as regards the GDPR and I will then look at the issue of the agency if the Vice Chairman has time to facilitate that. Up until now, the GDPR and data protection have been used as a restriction to getting information on a person's identity. We are restricted in that and, therefore, they are restricted in the context of their constitutional right to identity. The GDPR is basically being used as an excuse in that regard. It is kind of an à la carteinterpretation of the GDPR from what I can see, particularly in the context of the proposed legislation, a matter to which we refer to in our report as well.

Adoptees have the right, under Article 15 of the GDPR, to access information of which they are the subject. That is one particular aspect, but I would also like to highlight an important part of the GDPR that is really significant. Article 49 of the GDPR involves a derogation in specific circumstances. This allows an organisation and, therefore, in this instance, the State, when legislators are legislating for access to information in the proposed new Bill, the right to information to be refused. In our view, that represents a way around any restrictions that are put up as obstacles and the issue of privacy rights of other parties. It is really down to what we perceive as the political will to give priority to the right of identity to adoptees, which have always taken second place to the rights of privacy of the birth mother. It is then really a matter of political will as to how the Government wants to proceed.

That is the position on the GDPR. I am conscious of time. I am happy to elaborate on any of the other issues if the committee wishes me to do so. There is also an aspect to Senator McGreehan's question on the agency. I can address that now briefly if there is time to do so.