Oireachtas Joint and Select Committees
Tuesday, 3 May 2022
Select Committee on Children and Youth Affairs
Institutional Burials Bill 2022: Committee Stage
Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source
I move amendment No. 63:
In page 52, line 19, after “comparison” to insert “under this Act”.
I will discuss amendments Nos. 63 to 69, inclusive, together. These amendments are minor and they seek to provide clarification or ensure consistency within the Bill. Amendment No. 63 ensures that it is clearly stated that the samples and profiles taken from relevant persons are only used for the purposes of this Bill. This in line with advice from the Data Protection Commission, DPC.
Amendment No. 64 seeks to clarify that consent is not sought collectively from staff of FSI and persons who took a sample pursuant to administrative arrangements. Essentially, it is proposed to replace the phrase following "persons" with "member of staff or person".
Amendment No. 65 has been tabled to ensure alignment between section 48(3) and section 68(1), in terms of describing the withdrawal from the programme. Amendment No. 66 is necessary to ensure consistency in the use of the word “notice” in that sentence.
Amendment No. 67 provides that the relevant Minister must consult the Data Protection Commission prior to making regulations to facilitate in the identification programme. This is on the foot of advice from the DPC that further consultation should be undertaken with that organisation prior to the enactment of regulations under the Bill.
Amendment No. 68 is proposed to ensure alignment between section 74(2)(d) and section 48(2)(a)(iv). The latter specifies that applicants will confirm participation in an identification programme in a form specified in regulations. Section 74(d) needs to be updated to remain consistent with that formulation of wording. Alongside this update, it is important to ensure that section 74(2)(d)(ii) still retains the reference to consent regarding the taking of samples. This is why amendment No. 69 has been tabled.
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