Seanad debates

Thursday, 25 September 2014

Freedom of Information Bill 2013: Committee Stage

 

12:15 pm

Photo of Feargal QuinnFeargal Quinn (Independent) | Oireachtas source

I move amendment No. 6:


In page 15, between lines 2 and 3, to insert the following:
“(6) The interpretation of “personal information” in this section shall not be construed so as to impede or otherwise restrict public access to the records held by the General Register Office in accordance with section 61 of the Civil Registration Act 2004 or in accordance with the Civil Registrations Acts 2004 to 2012.”.
This issue was brought to my attention by the Genealogical Society of Ireland, which was anxious to have this amendment accepted. The insertion of this new subsection will guarantee that this Bill does not impede access to information vital for genealogical research or historical reasons. The amendment aims to ensure that the current status of the records of the General Register Office as public records will be reaffirmed. It is important to include this text in the legislation.
The report of the Joint Committee on Finance, Public Expenditure and Reform pointed out that this legislation could have the unintended consequence of restricting rather than broadening access to certain records, especially those of a genealogical potential. Genealogists are very concerned about the reclassification of the records held by the General Register Office from their current status as "public records on individuals held by the State" to personal records on individuals held by the State.
The reference in section 2(1) of the principal Act is of particular concern as it makes direct reference to the interpretation provided by the Civil Registration Act 2004, which deals with life events of the individual as follows: "event" means a birth, stillbirth, adoption, foreign adoption, marriage, death, decree of divorce or decree of nullity occurring or granted anywhere in the State or a birth to which section 26 or 27 applies or a death to which section 38 or 39 applies and includes a birth, stillbirth, adoption, foreign adoption, marriage or death that could have been, but was not, registered in a register formally maintained under the repealed enactments.
However, section 2(1)(b)(viii) of this Bill states, "information relating to the religion, race, racial or ethnic origin, sexual orientation or civil status (within the meaning of section 2(1) of the Civil Registration Act of 2004) of, any disability of, or the political opinions or the religious or philosophical beliefs of, the individual". That seems to suggest that a number of the above recorded events would be reclassified as personal records. Indeed, parts of section 2(1)(b) could be interpreted so as to impede access to land records, electoral rolls and other records of huge interest to genealogists and to local historians. The Genealogical Society of Ireland believes that is an extraordinary and wholly unnecessary reclassification of public records. It also believes that an amendment such as the one I have tabled would clear up other issues such as death certificates and refusals for information by freedom of information, FOI, bodies.
Overall, the organisation believes that the Bill as drafted has the potential, although I am sure unintentionally, of greatly impeding genealogical research by anyone not directly connected with the family or the individual being researched. For these reasons I urge the Minister to accept this amendment to ensure that genealogists are not restricted in their work and that the spirit of the freedom of information principle is protected.
My amendment No. 17 also relates to genealogy matters. It simply aims to further guarantee the right of access to records. It is not a ground-breaking amendment but a simple clarification that aims to ensure that FOI bodies consider the public's access to records. The clear statement in this Bill of public ownership and right of access to records is very important, especially when improving our overall FOI culture, that is, I believe a clear principle of public ownership and right of access to our genealogical heritage should be included in the text of the legislation. This can serve as a guide for FOI bodies regarding public records, laying the foundations for what I would call a customer charter.
From a business perspective, this amendment aims to further ensure that this country continues to develop its expanding ancestry tourism market and top sustainability of Ireland as a destination for genealogical research. More important, this amendment aims to ensure a people's human rights as well as their cultural rights that are protected in terms of allowing them access to records. I hope the Minister can accept this amendment because I believe it will further improve the relationship between FOI bodies and the public, and ensure that the spirit of freedom of information is further enhanced.
Amendment No. 27 refers to including "in relation to the operation of the principle of public ownership and right of access to a genealogical heritage." This is a relatively straightforward amendment and one that the Genealogical Society of Ireland supports. It is about improving the culture of freedom of information and, in some ways, ensuring there is a better interaction between the service provider - the FOI bodies and the customer - and the public who are seeking records.
As I stated earlier, the word "principle" is very important. I believe the over-arching principle of public ownership and right of access should be clearly stated in this Bill. State bodies should give the Minister this as a guiding principle, and I hope the Minister can accept this amendment for that reason.
As the Minister can gather, to a certain extent I am quoting what the Genealogical Society of Ireland has asked me to put forward.

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