Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

In response to Deputy Cairns, we looked at whether we could include definitions of both. I specifically went to the Office of the Parliamentary Counsel and inquired on that point because I know it is an issue people feel strongly about. The concern was that the definition of illegal adoption that was proposed in some of the amendments would not sit with the existing definition of relevant person or the existing definition of adopted persons, that the two definitions, as proposed, sitting together would clash and that that would create a difficulty with the use of the legislation. I asked about that, we looked to see what we could do and we were not able to resolve that concern. I would have liked to have been in a position to do so. As we have seen already this afternoon, I have made a number of amendments on foot of relevant and valid points that were raised on Committee Stage, where I felt that by doing so we would leave the legislation strengthened. In this case, we did not feel we could do so.

As to what Deputy Bacik said and the point about the importance of capturing the experience of people, she is right. I think there was a concern that just using the term "incorrect information" would not perhaps cover that. That is why, like the Deputy, the Department uses the term "false and misleading". That term has been placed in the legislation now, so somebody who has an incorrect birth registration due to false or misleading information being provided is provided for in the legislation now. I therefore think we have addressed that to the extent that we can, working with the advice we have received and ensuring that definitions are inclusive and that nothing we do interferes with the wider actions of provisions within this legislation.

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