Mary Henry (Independent)

I move amendment No. 33:

In page 51, subsection (1)(a), line 40, to delete "may" and substitute "shall be entitled".

This is the most important amendment I have tabled. I am concerned about the use of the word "may" in the Bill because in sections 50 and 52 of the Births and Deaths Registration Act 1880, which is repealed by this Bill, the public has a right to search all indices, local and national. It is important that "may" now appears in this Bill because it could mean "shall be entitled to" or "may be allowed to" and it grants huge discretion to superintendent registrars or the registrar general as to who can look at sections.

My wording is specifically chosen to accord with section 35 of the Bill, dealing with the privacy of adoption records which states that "no person other than an tArd-Chláraitheoir or a person authorised in that behalf by an tArd-Chláraitheoir shall be entitled to search the register". It is important that in that section the Bill states "shall be entitled", but in this vital section it states "may". That gives huge latitude to controlling access to these registers that did not exist in the past. How does the Minister interpret this? Section 35 looks very tight. Will "may" be interpreted in a tight manner? Will it mean "shall be allowed" or "shall be entitled"?