Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

It is different here because we have a Constitution that respects privacy and there are real issues in this regard. My approach to the legislation has been to make it as broad as possible in order that people can access information. These are the instructions I have been given and that is the way I have been working. I have been getting legal advice all the way through and I intend to publish the heads of the legislation and refer it to committee in order that the constitutional and other issues can be addressed. We can hear from all the non-governmental organisations involved in the area and have a full airing of the issue. It is a matter of great public concern. There are strict legal parameters. It is not only about the 1998 case. It is also about recent European court rulings that have respected the right to privacy. The legal advice I have currently suggests that retrospective information is a difficult matter within the parameters of our Constitution.

Having said that, I am keen to make the point that there should not be deliberate frustrating of anyone who seeks to get birth information where consent has been given. I gather these are the cases to which Deputy Daly is referring in particular. That is unacceptable. The HSE is working to ensure greater access for people to the data and the executive is organising the data in the way I have outlined.

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