Oireachtas Joint and Select Committees

Tuesday, 19 October 2021

Joint Committee On Children, Equality, Disability, Integration And Youth

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

Ms Lisa Kiernan:

I thank the Senator. I am glad she noted that line from Mike Milotte's book because I think it really does say a lot.

When I think of it, the legalities of the Act are not taken into account for anyone other than the single person who is, if you like, I would also nearly go back to saying illegally adopted, which frustrates me because it has been consistently used for somebody who has been falsely registered. It does not take into account the descendants, however, and, as Chris so very correctly said, that will continue ad infinitumuntil we all have no more descendants. That is a big issue.

Therefore, like that, my identification is never going to be corrected as per the Bill as it stands. The Bill in its current format does not include allowing anybody other than the individual affected or the relevant person to have access to that information or to have access to have the information changed. This was clarified to me not only by the Minister, Deputy O'Gorman, but also by Tusla. It was actually very shocked when I brought up the fact that I would not be entitled to get the information if anything happened to my mum. It does not, therefore, go far enough with the legalities.

I know the Senator has a superb legal background and we have other Senators and Deputies on this committee with legal backgrounds, particularly, for example, around constitutional rights. We have the constitutional right to be who we are and to know who we are. That is not taken into account in this Bill at all.