Dáil debates

Wednesday, 27 April 2022

Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage

 

5:32 pm

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

I move amendment No. 61:

In page 26, between lines 23 and 24, to insert the following: “(5) A relevant body shall, no later than one month after the date on which it receives an application made in accordance with the section concerned—
(a) comply, as applicable, with section 9(3),10(3),11(2),12(2),13(3),14(2),15(2)or 15(4),

(b) comply, as applicable, with section 9(9),10(7),11(3),12(3),or 15(5), or

(c) where subsection (6)applies, inform the applicant concerned of that fact and the reasons for it, and of the effect of the subsection.
(6) Where a relevant body is unable, due to the complexity of the application concerned or the nature of the information, document or item sought under the application, to comply with paragraph (a)or (b)of subsection (5), it shall comply with either paragraph not later than three months after the date on which it receives an application.”.

This is another positive set of amendments we have been able to table. They address the introduction of timelines for an application in the form of maximum statutory timeframes for the release of information under this legislation, reflecting recommendations made during the joint committee's pre-legislative scrutiny process. No amendments were tabled regarding this point on Committee Stage. I noted, however, that I would seek to bring forward a proposal on this Stage.

These amendments are important and will provide clarity for people applying for their information under this legislation. The proposed maximum timeframes mirror those used in the general data protection regulation, GDPR. We are using the GDPR timeframes as a model for the timeframes within which the various authorities and agencies will have to respond to applicants with the relevant information. Provision is made for the information to be released within one month of receipt of an application made under this legislation. In the exceptional circumstances of a particularly complex application, an additional two months is provided for the release of information. Stringent and tight timelines are provided for. This recognises the importance of getting this information. It also recognises that a concern raised during the joint committee's deliberations in respect of ensuring that people do not have their applications put on the long finger when seeking their information.

I hope this amendment can be supported.

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