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Seanad: Birth Information and Tracing Bill 2022: Committee Stage (18 May 2022)

Aisling Dolan: The Minister will come in again at the end. I thank Senator Higgins. I remind Members that all contributions should be made through the Chair.

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (18 May 2022)

Victor Boyhan: I will pick up on some of the comments that have been made in the debate across the House. We can have "incorrect" and we can have "illegal". I think that is a good proposition. I do not think the terms are mutually exclusive. I think that is important. We need to be careful here. We are legislators and we are dealing with this Bill, but there are many hundreds of people listening in,...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (18 May 2022)

Erin McGreehan: I would like to speak about the issue of illegality. In law, the term "illegal" is the end point. Something is deemed illegal at the end point in a court of law. To pre-empt something as illegal is to predetermine a judgment. Is it not the case that the term “false and misleading” is already in our legislation under the Civil Registration Act? That is just the term that is...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (18 May 2022)

Alice-Mary Higgins: I wish to address what was done by people, such as in the example of St. Patrick’s Guild. We know it was illegal. It has already been clearly determined and identified as illegal. Under this legislation, however, a person who wishes to access their records will be describing this illegal act as being "incorrect", meaning "false or misleading". I would point out that we are putting...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (18 May 2022)

Victor Boyhan: I do not disagree with Senator McGreehan on most issues but I cannot stress enough that for someone to take a child that does not belong to them without parental consent - someone who is not acting in loco parentisand is without any legal status - and then to arrange and facilitate the adoption of that child is not the end of game or a process but is simply illegal. Children have...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (18 May 2022)

Roderic O'Gorman: I thank all of the Senators for their engagement on this point. I will seek to address all that was said. First, I wish to respond to Senator Warfield's comment that some people who are illegally adopted have no rights under this Bill. As Senator Seery Kearney said, that is just wrong. The very centre of Parts 8 and 9 is about dealing with the situation of those who were the subject of...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (18 May 2022)

Roderic O'Gorman: I thank Senator Boyhan for his comments. I, too, welcome this opportunity, which is longer perhaps in this House than the Committee Stage was in the other House. It is useful to tease through the issues. Specifically on Senator Higgins's point on using the word "or", I confirm that I specifically raised the issue of looking at "or" rather than having a pure substitution. Again, having...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (18 May 2022)

Joe O'Reilly: I am sorry, but could the sub-committee meeting at the back of the Chamber conclude, please? Amendments Nos. 22, 55 and 62 to 67, inclusive, are related and may be discussed together by agreement. Is that agreed? Agreed.

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (18 May 2022)

Alice-Mary Higgins: My amendment, No. 55, relates to the fact that, at the moment, the section requiring the relevant body to provide information on application by a relevant person aged 18 years or over, only provides for early life information, care information and incorrect birth registration information. As we discussed with regard to the definitions, medical information is categorised separately. The...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (18 May 2022)

Roderic O'Gorman: I cannot support amendment No. 65, which seeks to provide for an adoptive parent to apply for medical information for his or her adoptive child where that child is under 16 years of age. It seeks to alter the process through which the release of third-party medical information is provided. This issue is one that was subject to detailed consultations between us, the Office of the...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (18 May 2022)

Fintan Warfield: I move amendment No. 23: In page 12, line 21, 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...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (18 May 2022)

Victor Boyhan: I will focus on two issues and speak to amendments Nos. 23 and 24, which are extensive and cover many areas. I will focus on a recurring theme in both amendments, that of the details applicable in terms of vaccines. Amendment No. 23 reads: “the relevant person’s medical records from birth until the time of placement, including x-rays, tests, vaccines”. Amendment No. 24...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (18 May 2022)

Roderic O'Gorman: Senator Boyhan raised the important point of the information about vaccine trials that were done and, as we know now, done without consent and often in breach of what were the medical guidelines of the time, which I believe were the Nuremberg guidelines. It is a source of great concern for many people who were in mother and baby or county home institutions or other institutions. As Senator...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (18 May 2022)

Alice-Mary Higgins: To follow-up on Senator Boyhan's point, it relates to some of the earlier amendments we discussed. There is a difference between vaccination and the involvement in vaccine trials. Information that a person was vaccinated, be that as part of a trial or part of a medical procedure, is not itself the same as that information in respect of a process of exploitation, effectively, that the person...

Seanad: Birth Information and Tracing Bill 2022: Committee Stage (18 May 2022)

Cuireadh an Seanad ar fionraí ar 5 p.m. agus cuireadh tús leis arís ar 5.16 p.m. Sitting suspended at 5 p.m. and resumed at 5.16 p.m.

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