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

I move amendment No. 245:

In page 30, line 33, to delete “that is” and substitute “and all other records that are”.

Amendments Nos. 245 and 246 concern improving the definition of information that relevant bodies must provide to applicants. This originates in the understandable distrust adopted people and survivors have for State bodies. They are seeking the assurance of as broad a definition as possible to prevent the lack of access they have been presented with for decades. These amendments seek to insert such broader definitions.

Amendment No. 247 seeks to remove the entirely inappropriate and ambiguous term "to the extent that it is practicable to do so". We must call that phrase out as a get-out clause. It is a worrying element of the Bill, which does not provide unfettered access, as everybody keeps claiming it does. It is a barrier, plain and simple. At a previous meeting, the Minister assured us that all of this Bill was carefully fine-tuned in accordance with engagement with the Office of the Parliamentary Counsel and the Office of the Attorney General, which was integral to the Bill. The phrase "to the extent that it is practicable to do so" is far from finely tuned and it is important to point that out. I hope I am wrong but there is no doubt in my mind that such a phrase in the legislation will be used as an obstacle for people using their personal information.

Amendments Nos. 248 and 249 seek to remove another restrictive aspect of the Bill. The amendments remove the option for the relevant body to provide what is essentially a summary or list of information and insist on the provision of the full range of records held about the applicant. If this Bill is about enabling full and complete access, this is another section that needs changing.

Similarly, amendments Nos. 250 and 251 remove the relational statement "a record of such class as the Minister may prescribe" and replace it to provide for absolute statements that allow full access to records and personal data.