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Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (25 May 2022)

Alice-Mary Higgins: I thank Senator Carrigy for his support. I am happy that the Minister accepts the principle behind the amendment whereby if a complaint is dismissed that the complainant knows that and is not left waiting. Perhaps we could have an approach that simply mirrors the provisions where there is a different outcome to a complaint. That may be a way of addressing this matter as well. It is in...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (25 May 2022)

Alice-Mary Higgins: I wish to speak to an issue that has been ruled out of order but I will endeavour to bring back the issue in another manner. Amendment No. 144, which was proposed by my colleague and I, sought to ensure that not just harmful content but harmful conduct would be addressed. I have had some constructive engagement with the Minister's officials on this matter. There is potential for harmful...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: We had an initial discussion on this in which I highlighted my concerns regarding amendment No. 23. I said that while I knew there were concerns within the specifics of the proposal put forward by Sinn Féin colleagues, I explained the understanding and reason people have for not wanting it to be limited, but wanting to name many forms of personal data. It is from a long record of a...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: Is the Minister confident about the conflict I identified previously whereby somebody would have the right to make a data subject access request under Article 15 when seeking information about who may have made inquiries about them? Is he sure there is no danger of a clash or curtailment in that regard?

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: I apologise if I am delaying matters but we will not have the chance to clarify this in the same way on Report Stage. If somebody is to make a data subject access request on information and they seek information on who has made inquiries into them during a period of time when they were a child in an institution, is it the case that the provisions of this legislation would not in any way...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: We may as well move on to the other sections but it is not really about whether article 15 will be limited. The question is whether there will be a danger of article 15 being interpreted in relation to this Act, which is slightly different. There is an article 15 process but you do not want an article 15 process which does not look to each data subject access request but in fact looks to a...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: I move amendment No. 24: In page 12, line 21, to delete “Regulation;” and substitute the following: “Regulation. For the avoidance of doubt, personal data as defined under the Regulation includes, in relation to a relevant person under this Act, all records relating to the adoption or informal care arrangement of a relevant person, regardless of whether that data is...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: I move amendment No. 25: In page 13, line 14, after “incorrect” to insert “or illegal”.

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: I move amendment No. 26: In page 14, between lines 9 and 10, to insert the following: “(j) any person or organisation involved in facilitating adoptions, or family separation;”. Amendments Nos. 26 to 28, inclusive, all refer to expanding the definition of "secondary information source". Currently, there is a list of various Departments, registered adoption societies and...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: I appreciate that the Minister has the power to designate but I am concerned that he, or whichever other Minister down the line, may choose not use that power. There is no guarantee for the Oireachtas or the Seanad that the Minister will, in fact, designate religious orders or psychiatric institutions. I am concerned that the tone of the Minister's response seems to suggest a kind of...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: I made it quite clear that my concern is where it is informal and where people are not registered, etc. That is the concern about where gaps arise. It is in relation to those who are not in the space of the registered adoption society or of accredited bodies. I would put it to the Minister that there is a gap, even in the example of psychiatric institutions that I have given to him. It is...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: I move amendment No. 27: “In page 14, between lines 9 and 10, to insert the following: “(j) a relevant religious order;”.”

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: I move amendment No. 28: “In page 14, between lines 9 and 10, to insert the following: “(j) relevant psychiatric institutions;”.”

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: I move amendment No. 29: In page 14, line 13, after “incorrect” to insert “or illegal”. I withdraw the amendment and reserve the right to reintroduce it.

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: I move amendment No. 30: In page 14, line 36, to delete “in respect of which” and substitute “regardless of whether”. This amendment is around the insertion of additional institutions. I am slightly widening the provision by replacing "in respect of which" with "regardless of whether" a public body has or had a regulatory or inspection function. The...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: The concern is that, in the past, if an institution or public body did not adopt or perform a regulatory or inspection function, it could end up slipping out. I will reserve the right to come back to this on Report Stage. In general, it would be better to provide in the Bill the widest possible scope rather than relying on persons having to prove the exceptions to the rule because we have...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: It is not agreed. Amendments Nos. 33 to 39, inclusive, 43 to 46, inclusive, and 49 to 51, inclusive, are all consequential on and related to amendment No. 69. I wonder, therefore-----

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: We are discussing amendments that are consequential on an amendment that has not been discussed yet.

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: Sure.

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (Resumed) (24 May 2022)

Alice-Mary Higgins: This grouping contains a few amendments. I think I support the amendment on age proposed by Senator Warfield. It relates to other amendments we have discussed to ensure that information can be accessed as early as possible. Persons who are 16 years of age should be able to have those records. That could be very important to a person coming up to that age of 18 when people make many...

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