Seanad debates

Wednesday, 18 February 2004

Civil Registration Bill 2003: Committee Stage (Resumed).

 

7:00 pm

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)

It must refer to something that has to be done. Section 35 deals with privacy and contains an imperative. It states that "No person other than an tArd-Chláraitheoir or a person authorised in that behalf by an tArd-Chláraitheoir shall be entitled . . ." It is a compulsory requirement that the person shall not have access unless there is a court order or the adoption society advises the Ard-Chláraitheoir otherwise. That is the most definitive way of saying that no one else will have access except the two people alluded to. The word "may" means that people will be facilitated.

The words "if any" in the section refers to the practicalities involved. If some 150 people were standing outside Joyce House, the Ard-Chláraitheoir would have to tell them that they would have to wait or come back tomorrow. On that basis, a person could say that the registrar cannot stop him or her looking up some information, which the registrar could not. However, the practicality of the matter may be that there is no room for the person to do so and the person may be asked to return tomorrow and may be given a time. The words "if any" are included on that basis. Such information is a matter of public record and therefore people are entitled to find out whatever information they want to. The words "if any" are inserted to provide for the practicalities of doing that. It enables a registrar to tell a person to come back to the office another day, that the person will have access to computerisation or whatever.

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