Roderic O'Gorman (Dublin West, Green Party)
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Yes, it will be provided for. If someone comes in after the three-month period and registers a no contact preference, or any preference, that will be put onto the contact preference register. Obviously, if somebody has sought information already, prior to that no contact preference being lodged, then that information will have been given out. This Bill goes further than nudging the balance. It flips it in that the result in every circumstance will be the provision of full and unredacted information. We should recognise the very significant jump and sea change this legislation brings about when compared to other measures.

I think the Deputy spoke about making the information and counselling sessions optional. Where a parent has clearly registered a no contact preference, the question is about the significance of what he or she has registered. Will it be regarded as an optional engagement? If the parent is conveyed with a booklet or something about what that preference means, will that be regarded by a court as being a sufficiently robust vindication of the right to privacy that the legislation will not be declared unconstitutional if it is challenged? During the engagement I have had in drafting this legislation, and I am thinking particularly of the advice of the Attorney General's office, there has been a real concern that something of this magnitude will not be seen as a sufficiently robust protection of the right to privacy. It is a right, and I think we all recognise that it is a right. In this debate, we are giving precedence, and precedence in every circumstance, to the other right, namely the right to identity information. As we know, when constitutional rights are being balanced and one is being preferred over the other, the court must be satisfied there is a proportionate limitation of the privacy rights. We believe this mechanism demonstrates that degree of proportionality but always gives the adopted person access to the information at the end.