Oireachtas Joint and Select Committees

Tuesday, 15 June 2021

Joint Oireachtas Committee on Children and Youth Affairs

General Scheme of the Birth Information and Tracing Bill 2021: Discussion

Dr. Conor O'Mahony:

The enforcement issue was considered with head 13, which is just one stage of the process where Tusla or the Adoption Authority of Ireland make a request to a third party for information needed to assist in the process of tracing. In one sense it is not one of the well-known provisions of the Bill, but at the same time in the course of a particular tracing process, it could be an important part of that process. Where a third party has information that is needed to allow the trace to proceed and does not comply with the request to provide that information, the process could end up going into a roadblock as a result of that. Given that particular heads say the third party is obliged to comply with a reasonable request, if we want to make that stick then we need to have some mechanism to enforce it in the event there is not compliance.