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

I thank Deputies for their amendments, which I will address. My understanding of the intention of amendment No. 1, combined with amendment No. 90, is to include administrative records in the definition of relevant records so that such records can be safeguarded. This is something we have given significant consideration to and there was reference to it in the pre-legislative report. It is important to mention the legislation essentially provides that all birth, early life and care information a relevant body holds must be provided to an applicant. That includes any such information held on any form of administrative record. That is why we have written all these definitions so broadly.

The term "relevant record" does not limit the release of information under Parts 2, 3 or 4. The term "relevant record" is about the safeguarding of records, which is dealt with in Part 7. That definition of relevant record already covers any administrative record containing birth, early life, care or medical information, or information such as admissions and discharge registers, visitors' books, baptismal and confirmation records, and any other records containing personal information on the daily life of individuals. The definition of "relevant records" is already very wide but, importantly, section 42 empowers the Minister to prescribe other classes of records as relevant records and bring them within the scope of the definition. We are of the view the definition of relevant record is already extremely broad and covers everything we need it to. However, we have the option under section 43 that will allow a future Minister to come back to this. We have that flexibility if something is left out of the definition of relevant records.

Administrative records are very useful for understanding the overall working of mother and baby and county home institutions. They have an historical value. That is why section 43 empowers the Minister to prescribe relevant records. It is envisaged these administrative records will most certainly fall within the definition set out in that section. I am satisfied the legislation would support the inclusion of administrative records in a way that allows coherent archives of institutional records to be protected.

I hear there is some concern about the issue of administrative records. I will ask my officials to consider if any additional detail could be included within the definition of relevant records to provide further reassurance in that regard.