Jennifer Whitmore (Wicklow, Social Democrats) | Oireachtas source

I do not know if the Minister gets the sense from the Chamber today that there is a real sadness here. As the previous speaker said, there is a sinking feeling because we know the clock is ticking and that nothing is going to change, whatever efforts we make. There is an inevitability that those women are going to be let down again and that their histories and their information will be put beyond their reach. It is an incredibly unfortunate, disappointing and shameful thing that will happen today.

I want to have an opportunity to get my amendments on the record even if it will not actually make any difference to the end result. I find it difficult to understand that if the Minister or I, or anyone in this Chamber, went into any government body that held information on us we could get access to it and yet a seal will be triggered by this Bill, and regardless of what the Minister has said those survivors will not be able to access their information. I do not understand how the primary legislation around data protection and GDPR does not apply to this database.

Many speakers have referred to Dr. Maeve O'Rourke who has done a huge amount of work in this area. Dr. O'Rourke has outlined that the commission and the Government should be applying the framework of the EU general data protection regulation, GDPR, which gives individuals many rights on their personal data, including the right to be informed, the right of access, the right of rectification, the right to erasure and the right to object to data processing. One of the Minister's amendments enables the right of erasure but he ignores all the other rights that come in that package.

Under GDPR legislation neither the commission nor the Government is permitted to place a blanket seal over the entire archive it holds. Under article 23, restrictions can only be placed on data subject rights, including the fundamental right of access to personal data, to the extent necessary and proportionate in a democratic society to achieve a legitimate aim and only in a way that still respects the essence of the right. The Government has not explained why it is denying individuals, who were subjected to forced family separation, access to their own transcripts of evidence and personal and family records. The Minister has not explained why that is a necessary and proportionate measure to safeguard the effective operation of this or any other commission or future co-operation of witnesses. In fact, I imagine that by telling a person the Government is going to take his or her information, use that information and seal it away, it would discourage the person and prevent him or her from participating in any further commission.

My amendments to the Bill attempt to reassert the primacy of the GDPR legislation. I have also included the Adoption Authority of Ireland, as have other Members. The rationale is essentially the same, that we listen to the survivors. They do not want their data going to Tusla. The Adoption Authority of Ireland seemed a very practical and good solution and alternative to that. The authority has the capacity to manage this information. Again, this is what the survivors want. They do not want the data going to Tusla.

Some of my amendments also provide for looking forward in time to the Minster laying before the Houses of the Oireachtas a number of reports, one of which is the prospective development of a national archive and the second to support the right to, and strengthen access to, birth and early life information, and to include measures to support access to the information on birth, early life health or family death. My amendment is time limiting these. While the Minister asks the women to trust him because he is going to do something on this, we have not seen any timelines. I am aware that it is difficult to put timelines into something like this but I believe we need to bind them somehow.

These amendments are to ensure we go beyond today's legislation and that consultation with survivors remains paramount. The one stark thing with this legislation is that there was no consultation with survivors. I cannot reconcile that. Restorative justice requires that full consultation is carried out with representative groups so that all opinions, ideas and concerns are addressed.

I hope it does not, but assuming the Bill goes through tonight as the Minister wishes, I ask that the Minister immediately starts talking to survivors and starts working to build their trust again to make sure what they need and what they want to see happen happens very quickly.

I note the Minister did not take the opportunity to answer my question on the free vote. I would like an answer on that because this goes to the heart of Members. As my colleague Deputy Gannon said, issues of taxation or policy issues are okay for a whip, but this is not one of those. Given the sensitive and personal nature of the matter I believe it warrants a free vote. I ask that the Minister respond to that.

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