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Birth Information and Tracing Bill 2022: Report and Final Stages (27 Apr 2022)

Kathleen Funchion: I move amendment No. 10: In page 11, between lines 21 and 22, to insert the following: “ “illegal adoption” means an illegal adoption, where any of the following situations occurred: (a) where a non-marital child was registered as the natural child of the adoptive parents without the mother’s knowledge or consent and no adoption order was made; (b) where a...

Birth Information and Tracing Bill 2022: Report and Final Stages (27 Apr 2022)

Kathleen Funchion: That is fine. They are all related, so the same argument applies. I take on board the point that the argument for not using the word "illegal" is that the person has to prove it was illegal and there might be difficulties in that regard, so I am a bit conflicted on it. However, does amendment No. 2, to which the House has agreed, make any changes to the whole issue in respect of the use of...

Birth Information and Tracing Bill 2022: Report and Final Stages (27 Apr 2022)

Kathleen Funchion: You have a further two minutes, Deputy, so we will let the Minister finish first.

Birth Information and Tracing Bill 2022: Report and Final Stages (27 Apr 2022)

Kathleen Funchion: Are those words, "false and misleading", in the legislation now?

Birth Information and Tracing Bill 2022: Report and Final Stages (27 Apr 2022)

Kathleen Funchion: I am happy to withdraw the amendment on that basis.

Birth Information and Tracing Bill 2022: Report and Final Stages (27 Apr 2022)

Kathleen Funchion: I move amendment No. 14: In page 11, line 32, to delete “information” where it firstly occurs and substitute “records”. I will speak to amendment No. 14 and then I might come back in on amendment No. 29. I think amendment No. 29 is the one to which I was referring earlier that we can withdraw now on the basis that the restrictive timeframe has been removed....

Birth Information and Tracing Bill 2022: Report and Final Stages (27 Apr 2022)

Kathleen Funchion: I move amendment No. 15: In page 12, line 12, to delete “Regulation;” and substitute the following: “Regulation. Under this Act, all records relating to the adoption or informal care arrangement of a relevant person are considered to be that person’s personal data, regardless of whether that data is shared with another person. Personal data in relation to a...

Birth Information and Tracing Bill 2022: Report and Final Stages (27 Apr 2022)

Kathleen Funchion: I move amendment No. 18: In page 15, to delete lines 7 to 36, to delete pages 16 and 17, and in page 18, to delete lines 1 to 3 and substitute the following: "6.An tArd-Chláraitheoirshall on an application made by a relevant person, a record of whose birth is kept by an tArd-Chláraitheoirand who has reached the age of 16 years, supply to that person on payment of the prescribed...

Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (27 Apr 2022)

Kathleen Funchion: In fairness, the points have been covered by Deputies Bacik, Cairns and Connolly. I want to clarify again that nobody is saying that people should not have a right to register a no-contact preference. It is very important that point is clarified. What we are arguing is how that information then has an impact on the adopted person getting their information. That has been said with regard...

Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (27 Apr 2022)

Kathleen Funchion: I move amendment No. 19: In page 16, to delete lines 4 to 37, and in page 17, to delete lines 1 to 8.

Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (27 Apr 2022)

Kathleen Funchion: I move amendment No. 24: In page 17, to delete lines 9 to 38, and in page 18, to delete lines 1 to 3.

Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (27 Apr 2022)

Kathleen Funchion: I move amendment No. 29: In page 18, to delete lines 4 to 39, to delete pages 19 to 22, and in page 23, to delete lines 1 to 11 and substitute the following: “9. A relevant body shall on an application by a relevant person who has reached the age of 16 years supply to that person all personal data relating to the relevant person.”.

Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (27 Apr 2022)

Kathleen Funchion: I move amendment No. 30: In page 18, to delete lines 4 to 39, and in page 19, to delete lines 1 to 27.

Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (27 Apr 2022)

Kathleen Funchion: I move amendment No. 60: In page 24, to delete lines 31 to 39, and in page 25, to delete lines 1 to 23.

Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (27 Apr 2022)

Kathleen Funchion: I welcome these amendments as well as the earlier amendment in respect of the timeframe - the month or four weeks. I acknowledge the work that has been done, particularly around the working in amendment No. 70. It is really significant and quite strong. It shows what can be done and achieved when there is not just consultation but, as Deputy Bacik has said, all the various discussions...

Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (27 Apr 2022)

Kathleen Funchion: That is a really good move and a significant step. Maybe it was Deputy Bacik who made the proposal on Committee Stage. It was a really good suggestion and I am glad to see it in the legislation. For me, it shows that so much progress can be made. This goes back to the point that if we could just make progress on the one outstanding issue, it would make the difference between our...

Birth Information and Tracing Bill 2022: Report Stage (Resumed) and Final Stage (27 Apr 2022)

Kathleen Funchion: I welcome the amendment. As the Minister said, we discussed this towards the end of the committee meetings and everybody agreed four years was too long. One year was probably too short, and on reflection two years is happy compromise.

Judicial Appointments Commission Bill 2022: Second Stage (27 Apr 2022)

Kathleen Funchion: We now move to Sinn Féin and Deputy Martin Kenny, who has ten minutes

Birth Information and Tracing Bill 2022: Report and Final Stages (27 Apr 2022)

Kathleen Funchion: I do not want to end up saying the same thing, although I am sure there will probably be more contentious issues later, but it is welcome to see some of the issues discussed on Committee Stage being addressed. It is good to see points raised in the discussions during pre-legislative scrutiny and on Committee Stage and the other Stages being taken on board. As I stated, there have been many...

Birth Information and Tracing Bill 2022: Report and Final Stages (27 Apr 2022)

Kathleen Funchion: I think Deputy Bacik has articulated the position very well and eloquently. I must say at the outset, for clarity, that nobody has any issue with a birth parent who wants to register a no-contact preference. It is the parent's right to do so. Everybody would respect that. Some of us believe this mandatory information session, the information session or whatever people want to call it, is...

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