Oireachtas Joint and Select Committees

Wednesday, 2 March 2022

Select Committee on Children and Youth Affairs

Birth Information and Tracing Bill 2022: Committee Stage

Photo of Kathleen FunchionKathleen Funchion (Carlow-Kilkenny, Sinn Fein) | Oireachtas source

I move amendment No. 1:

In page 8, between lines 9 and 10, to insert the following: “ “administrative record” means a record containing documentation of the organisation, functions, policies, decisions and procedures of an institution, organisation. Administrative records can include but are not limited to:
(a) records of admission and discharge;

(b) photographs;

(c) minutes of meetings;

(d) diaries;

(e) reports;

(f) annual reports;

(g) internal publications;

(h) external publications;

(i) policy and procedure manuals;

(j) staff records;

(k) financial records;

(l) maintenance payment records;

(m) death and burial records;

(n) log books;

(o) visitors books;

(p) correspondence;

(q) punishment books;

(r) baptismal and confirmation records;

(s) weekly, monthly, quarterly and annual returns;

(t) records concerning daily life;

(u) ephemera, e.g. fundraising materials, signs, books;”

Deputies Ward, Cairns and I are working collaboratively and, as much as possible, we will break the amendments up. Generally, we will not all speak to each one. We will see how that goes. We thought that was the best way to approach it.

Amendments Nos. 1, 78 and 84 to 92, inclusive, are linked. I might read out the reasons for each amendment if that is the best way of doing it. The purpose of the legislation is to give people access to their records, data and information, which, as we know, has been denied to many people for many years. In the case of some people, this has been for their entire lifetime. We know some people have passed away before being able to get some of this information.

We believe the legislation should include all possible and relevant data. There should be no scope to leave anything out. That applies in particular to amendment No. 1. Amendment No. 78 is very similar to amendment No. 1. It is to include all data, information and possible records. There is a fear that information may be withheld. We must acknowledge that has been the experience of people. These amendments will strengthen the legislation.

Amendment No. 84 is to include all possible scenarios and situations. Amendment No. 85 relates to all the personal data, making it more inclusive. Amendment No. 86 relates to the time restrictions mentioned. We do not believe the legislation should have any time restrictions for fear it might prohibit somebody accessing their records if they fall outside that timeframe.

Regarding amendment No. 87, there may be times when an adoption did not actually take place but it is important that all the relevant information and data are given to the person. Amendment No. 88 is in the same spirit as amendment No. 87.

Regarding amendment No. 89, we and others believe certain information may not be disclosed. This relates to the contact preference register. If somebody indicates he or she does not want to contact and gives a reason, is there a possibility that reason will not be communicated to the individual? That was the reason for proposing amendment No. 89.

Amendments Nos. 90 to 92, inclusive, are to ensure there should be no preconditions and that absolutely nothing is left out. We believe the language we are suggesting in our amendments is much stronger.

The Minister might want to respond to those first because the grouping covers amendments Nos. 1, 78, and 84 to 92, inclusive. Sorry, other Deputies may want to come in now.

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