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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".

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

Roderic O'Gorman: As the Deputy noted, for decades, we have not provided the rights to adopted people and we are doing so with this legislation because in the context-----

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

Roderic O'Gorman: I propose to move amendments Nos. 128 to 130, inclusive. In response to Deputy Pringle, the line that amendment No. 127 seeks to delete gives the body to which these applications will be made the ability to construct the form through which the applications will be made. If that body will not set the application form, I do not know who will. As this amendment seeks to take out the most...

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. 128: In page 18, line 13, 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. 129: In page 18, line 16, 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. 130: In page 18, to delete lines 17 to 19.

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

Roderic O'Gorman: This amendment seeks the deletion of section 9(6), which empowers a relevant body to release the birth information to the relevant person immediately in all situations where an information session is not required. This amendment is undoing what the Bill is all about, which is the immediate release of information, so I oppose it.

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

Roderic O'Gorman: This is about the process that a relevant body should follow when an information session is required. In our view it is essential to the functioning of the legislation in providing for the balancing mechanism. We have to oppose the amendment.

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

Roderic O'Gorman: I absolutely understand with regard to the delayed vote earlier and the importance of the debate in the Dáil. It is unfortunate and I understand it. It is not my preference either that I am speaking to people as they are running out the door. It is important that I flag this as I was directly name-checking the Deputy.

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

Roderic O'Gorman: It would not have been nice for Deputy Bacik to have had to run and then for me to have made the point. If we accept there is a need for the balancing of constitutional rights, the question then is what is the best way to do this. I have set forward the reasons I believe, and more importantly why others believe, the information session and the provision of the conveying of the preference...

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