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

Roderic O'Gorman: I move amendment No. 42: In page 20, line 5, to delete “and”.

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

Roderic O'Gorman: I move amendment No. 43: In page 20, line 7, to delete “holds.” and substitute “holds, and”.

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

Roderic O'Gorman: I move amendment No. 44: In page 20, between lines 7 and 8, to insert the following: “(c) in the case of an application for a photograph or other image referred to in subsection (1)(b), shall, as it considers appropriate⁠- (i) provide the applicant with the photograph or other image, and retain a copy, or (ii) retain the photograph or other image and provide the applicant...

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

Roderic O'Gorman: The information session is about the balancing of two sets of fundamental rights. There is the fundamental right to identity information of adopted people, and it is a right we all know has been denied for so long. There is also the fundamental right to privacy of a parent. The information session would apply in a very small number of circumstances because it will only apply where a parent...

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

Roderic O'Gorman: As we discussed on Committee Stage, we now have these very broad definitions of categories set out in legislation with which Tusla, the Adoption Authority of Ireland, AAI, and other bodies have to comply. That is now a legislative obligation that was never on them previously. We also have in this legislation the power to draw up ministerial guidelines on the implementation of those...

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

Roderic O'Gorman: Fundamentally, my Department and my officials have engaged in a huge amount of work to bring about that culture change, as demonstrated by this very substantial Bill that we have worked on and prioritised to bring about those changes. I have seen and I believe there is a culture change beginning in those organisations. If the Deputy does not accept my view she should, as a committee member,...

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

Roderic O'Gorman: I move amendment No. 16: In page 13, line 14, to delete “him or her,” and substitute “him or her, or a photograph or other image of his mother, father or other genetic relative,”

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

Roderic O'Gorman: I move amendment No. 17: In page 14, to delete lines 4 to 11

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

Roderic O'Gorman: Okay. Apologies, a Leas-Cheann Comhairle. In the context of amendment No. 14, which was tabled by Deputy Funchion, this issue was raised on Committee Stage. We acknowledge that the assurance about the release not just of the information but of the documents that was repeated in other parts of the legislation had not been continued on there. We recognise that was an error in the drafting....

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

Roderic O'Gorman: I do not for a minute question any Deputy’s view about the spirit of what we are trying to achieve here. We all are trying to achieve, as Deputy Murnane O’Connor just said, the full access to and the full release of all information. However, I do not believe the change being proposed in this amendment furthers that goal. I think it actually restricts that goal. Deputy...

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

Roderic O'Gorman: I ask for the Leas-Cheann Comhairle's guidance. I will move a number of Government amendments that are in this grouping. These are amendments Nos. 31 to 34, inclusive, 39 to 44, inclusive, 48, 50 to 57, inclusive, and 63.

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

Roderic O'Gorman: The key element in all this is to ensure the legislation is as inclusive as possible. That is what we are seeking to do, to ensure that as many people as possible can benefit from this legislation.

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

Roderic O'Gorman: In response to Deputy Cairns, we looked at whether we could include definitions of both. I specifically went to the Office of the Parliamentary Counsel and inquired on that point because I know it is an issue people feel strongly about. The concern was that the definition of illegal adoption that was proposed in some of the amendments would not sit with the existing definition of relevant...

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

Roderic O'Gorman: Yes, "false or misleading".

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

Roderic O'Gorman: We have had significant discussions about the definitions used in terms of what we all know, recognise and speak of as illegal birth registrations - there was illegality involved in many such adoptions - and the use of the word "incorrect" in the legislation. I made the point that in my communications and those of the Government, in which we have engaged extensively with groups of people who...

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

Roderic O'Gorman: As I said, the reason we are not accepting this set of amendments is that to do so would narrow the pool of people who potentially may use this legislation. It would mean that a requirement or threshold of illegality would need to be met in order for people to be able to use its provisions. This is something neither I nor any Deputy wants to see. I have been very clear on my recognition of...

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

Roderic O'Gorman: I move amendment No. 7: In page 9, line 25, to delete “, subject to subsection (2),”. This is another amendment that springs from the discussions on Committee Stage. Collectively, this grouping of amendments removes the time limitation placed on early life information and care information. When first published, the Bill provided that the definitions of early life...

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

Roderic O'Gorman: I move amendment No. 8: In page 10, line 3, to delete “, subject to subsection (2),”.

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