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Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (9 Mar 2022)

Holly Cairns: I move amendment No. 249: In page 31, between lines 5 and 6, to insert the following: "(c) shall provide the applicant with a full schedule of the records that it holds in relation to the relevant person’s adoption or illegal birth registration.".

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (9 Mar 2022)

Holly Cairns: I move amendment No. 250: In page 31, to delete line 16 and substitute the following: "(c) a record created or held by a data controller involved with the relevant relative’s adoption, boarding out, nursing out and/or incarceration.".

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (9 Mar 2022)

Holly Cairns: I move amendment No. 251: In page 31, between lines 16 and 17, to insert the following: "(d) the personal data of the relevant relative.".

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (9 Mar 2022)

Holly Cairns: I move amendment No. 252: In page 31, between lines 19 and 20, to insert the following: "(6) Where the information is unavailable, the relevant body shall make every effort to locate the data controller holding the relevant relative’s records.".

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (9 Mar 2022)

Holly Cairns: I move amendment No. 253: In page 31, between lines 28 and 29, to insert the following: "(d) the personal data of the relevant relative.". These are similar to the previous set of amendments. Amendments Nos. 253 and 256 add additional clarifying statements to the types of information that relatives can access. Amendment No. 254 removes the problematical statement "to the extent that...

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (9 Mar 2022)

Holly Cairns: I move amendment No. 254: In page 31, line 31, to delete ", to the extent that it is practicable to do so,".

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (9 Mar 2022)

Holly Cairns: I move amendment No. 255: In page 31, to delete lines 34 to 36.

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (9 Mar 2022)

Holly Cairns: I move amendment No. 256: In page 31, between lines 36 and 37, to insert the following: "(c) shall provide the applicant with a full schedule of the records that it holds in relation to the relevant person’s adoption or illegal birth registration.".

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (9 Mar 2022)

Holly Cairns: I move amendment No. 257: In page 32, between lines 6 and 7, to insert the following: "(5) Where the information is unavailable, the relevant body shall make every effort to locate the data controller holding the relevant relative’s records.".

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (9 Mar 2022)

Holly Cairns: I move amendment No. 258: In page 32, lines 9 and 10, to delete "a specified provided item, or".

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (9 Mar 2022)

Holly Cairns: I move amendment No. 262: In page 32, between lines 35 and 36, to insert the following: "(a) relating to a relevant person,". This adds to the broader category of a relevant person rather than the section as it stands, which only referred to an adopted person. This is about reassuring relatives on access to information held by relevant bodies regarding that person's relative....

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (9 Mar 2022)

Holly Cairns: I move amendment No. 263: In page 32, to delete lines 36 and 37, and in page 33, to delete lines 1 and 2.

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (9 Mar 2022)

Holly Cairns: I move amendment No. 265: In page 33, line 4, after “Minister” to insert “, in consultation with the Adoption Advisory Group,”.

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (9 Mar 2022)

Holly Cairns: I move amendment No. 267: In page 33, line 14, after “Agency” to insert “or the Authority”.

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (9 Mar 2022)

Holly Cairns: I move amendment No. 268: In page 34, to delete lines 1 to 5. This is an important one. Amendment No. 268 concerns the justifiable opposition to the Child and Family Agency having access to and processing personal data. Tusla is the default tracing service provider under the Bill, which is unacceptable given the agency is dealing with affected people. People should be given a choice of...

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (9 Mar 2022)

Holly Cairns: Can the Minister expand on that? What will it do?

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (9 Mar 2022)

Holly Cairns: I understand the need for the immediacy of this and the question of a different agency for information that is not Tusla. The aim is not to slow the process for people getting information, and this is something we have discussed at great length in the committee. When witnesses came before the committee we heard that people were not just traumatised by interactions with Tusla but really...

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (9 Mar 2022)

Holly Cairns: I move amendment No. 272: In page 35, to delete line 15. These interactions are an unnecessary breach of the relevant persons' privacy. The inclusion of church representatives in section 34(6) is particularly egregious considering that the Bill fails to name religious orders for other entities as data controllers. Moreover, it does not seem to have occurred to the Minister or the...

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (9 Mar 2022)

Holly Cairns: If that is the case, could the organisations in question be named as data controllers as well? The Minister is acknowledging how much relevant and important information they have but they have not been included as data controllers. Has consideration been given to the fact that the tracing services could be engaging with people in the religious orders who were potentially involved with...

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (9 Mar 2022)

Holly Cairns: I understand that. Given the possibility that members of those churches may have been involved in previous illegal or legal adoptions, would it not be better to seize records for these purposes rather than requesting them from these organisations?

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