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

In the legislation, at present it would be the Minister for Health. As I indicated, when the provisions are taken over by an authority, it would make that determination. I am advised that it is essential to ensure that the Minister for Health would have some means of dealing with any truly exceptional circumstances that might arise. We discussed in much detail how the court would get the information, given that the person has been refused information in the first instance. Making the information available to the person defeats the point of having said "No" because of safety issues. I have taken advice on the matter. There is precedent with regard to adoption, for example, where the court makes the application to get the information and make a determination, as any court normally would.

See this speech in context