Results 3,961-3,980 of 11,744 for speaker:Roderic O'Gorman

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

Roderic O'Gorman: I move amendment No. 327: In page 52, between lines 33 and 34, to insert the following: “(d) the rights of a person, in particular a mother or father, under the General Data Protection Regulation of access to personal data concerning him or her and of rectification of inaccurate personal data concerning him or her;”.

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

Roderic O'Gorman: It is our purpose to propose unfettered access. This legislation has developed from heads of Bill. Changes were made between the heads of Bill and the introduction of this draft legislation. Since the publication of the draft legislation, I have brought forward a set of important amendments, which have been agreed by this committee. In the context of the significant number of amendments...

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

Roderic O'Gorman: A review after one year is too short to understand the full operation of the legislation. Nevertheless, I agree with Deputy Funchion that four years is a long time. We will discuss this and bring an amendment on Report Stage to reduce the period from four years. We need to consider what we believe to be an appropriate time but we will reduce the period from four years.

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (8 Mar 2022)

Roderic O'Gorman: Amendment No. 102 proposes to delete section (2)(2) that reads: For the purpose of the definition of “care information” and “early life information” in subsection (1), the period referred to in the definition shall be deemed to end - (a) in the case of an adopted person, on the date on which he or she became an adopted person, and (b) in the case of a person...

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (8 Mar 2022)

Roderic O'Gorman: I move amendment No. 103: In page 14, line 8, to delete “or has been,”. This is a technical amendment proposed by the Office of Parliamentary Counsel for the purposes of accuracy. The definition of incorrect birth registration is purposely constructed so that a person who is the subject of an illegal birth registration will always come within the scope of the definition...

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (8 Mar 2022)

Roderic O'Gorman: I move amendment No. 105: In page 14, line 14, to delete “the name” and substitute “as a result of the giving of information that was false or misleading, the name”.

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (8 Mar 2022)

Roderic O'Gorman: I am pleased to have this opportunity to discuss these issues because Deputies are right. This section is central to this legislation and is central to us being able to ensure that if this legislation is challenged, it will be found to be constitutional. That is a very real risk. Many of the difficulties adopted people face in this area are the result of a constitutional challenge about...

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (8 Mar 2022)

Roderic O'Gorman: In response to the question by Deputies Bacik and Ward, if somebody chooses not to participate in the processes set out in the legislation, he or she continues to have the right to submit an essay or application under GDPR, as anybody has. That right remains with them but the right of access to information under GDPR is not absolute in the same way it will be under this legislation. A...

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (8 Mar 2022)

Roderic O'Gorman: On the current national adoption preference register of the birth relatives, 4,495 birth relatives have registered. Of those, 99 have registered a no-contact preference.

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (8 Mar 2022)

Roderic O'Gorman: That is birth relatives.

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (8 Mar 2022)

Roderic O'Gorman: -----of the discussions we have had, we are providing full right of access to a birth certificate, birth and care information etc. We are doing all those things we failed to do in the past. That absolute prioritisation of the privacy right of the parent has been inverted and now there is an absolute right to all the information but we cannot remove the privacy rights entirely from the...

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (8 Mar 2022)

Roderic O'Gorman: -----because if a court is scrutinising this in the future and we believe the information meeting where the no-contact preference of the parent is conveyed - all we are asking is that the no-contact preference of the parent is conveyed to the adopted person with no undertakings or anything more than that - is necessary to ensure that in the balancing of rights, some recognition of the privacy...

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (8 Mar 2022)

Roderic O'Gorman: Because nothing in this legislation interferes with the privacy rights of adopted people.

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (8 Mar 2022)

Roderic O'Gorman: They can.

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (8 Mar 2022)

Roderic O'Gorman: A parent does not get an automatic right of access to information about an adopted person under this legislation. An adopted person does get an automatic right of access to information about the parent under this legislation. This is why there must be a mechanism to ensure that the privacy rights as represented by a no-contact preference are protected.

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (8 Mar 2022)

Roderic O'Gorman: I move amendment No. 114: In page 15, line 25, to delete "specify" and substitute "specify, and".

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (8 Mar 2022)

Roderic O'Gorman: I move amendment No. 115: In page 15, line 27, to delete "this Part, and" and substitute "this Part.".

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (8 Mar 2022)

Roderic O'Gorman: I move amendment No. 116: In page 15, to delete lines 28 to 31.

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (8 Mar 2022)

Roderic O'Gorman: I will address amendments Nos. 117 and 146. These amendments would insert a clause into sections 6 and 10. The amendments require that where no information is available, upon application by an affected person, the authority must seize all records and conduct an investigation into what transpired. Unfortunately, I cannot accept these amendments. Under section 63 of the Civil Registration...

Select Committee on Children and Youth Affairs: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (8 Mar 2022)

Roderic O'Gorman: I move amendment No. 106: In page 14, line 19, to delete “section 63” and substitute “Part 3B (inserted by Part 8) or section 63”. This is a technical amendment to delete section 63 and substitute “Part 3B (inserted by Part 8) or section 63".