Roderic O'Gorman (Dublin West, Green Party)
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This group of amendments relates to section 27 under Part 4. That section provides for the release of the birth information of a child who died in an institution to a qualifying relative. This speaks again to an issue that came up during the pre-legislative scrutiny process about information relating to children who died in institutions. That was not provided for under the original draft that was recommended in the pre-legislative scrutiny and we are providing for that now.

Section 27 relates to birth information about children who died. The amendment seeks to expand the definition of "birth information" to include the other categories but it is important to remember that those other categories are all covered by the next set of sections. Sections 27 to 30, inclusive, provide for the release of birth information, early life information and care information, the successive types of information about children who died in institutions. The type of information the amendment is seeking to insert into the section is addressed in subsequent sections and, therefore, we do not feel it needs to be repeated by including particular definitions in this section.

Amendments Nos. 248 and 249 relate to issues we have addressed previously. We are looking for a statement to be released along with the documents explaining the documents as they are released. The alternative that has been proposed in a number of places is the idea of a schedule. We believe that the statement, which is not just a list, like a schedule, but actually gives some context to the documents being proposed, is a better way forward. That is why on each occasion the issue comes up, we believe the provision of a statement alongside the release of documents is better than the provision of a schedule.

The Deputy raised concern about the use of the term "to the extent that it is practicable to do so". That is a term of art in legislation. It is intended to convey an obligation to provide copies of all records unless there is some significant obstacle to the provision of those particular records. An example would be where an original record is lost. We know there are situations where information will not be with Tusla or the AAI and that is going to be a difficulty when it comes to certain adopted people for whom there will be no information to provide them with because of historical circumstances.

I will give the Deputy another example of the use of the term "to the extent that it is practicable to do so". During the pandemic, electronic records were easily provided to people but hard copy records were not as accessible because people were not attending to collect them. The SARs we have been issuing from our Department have meant the release of the electronic document which, for the commission's archive, is the vast majority of the information. However, in answer to each SAR, the Department has stated it will also undertake a search of any physical documents that are in the commission archive. It is in such a situation that "to the extent that it is practicable to do so" is used. The core goal and intent behind this legislation is for the full release of information.