Frances Black (Independent) | Oireachtas source

I thank the Minister for coming into the House today. It is welcome that the relevant legislation has been removed from the schedule for this afternoon. I thank the Minister for that. It is important that we get an update from the Minister on the Department's position and proposals.

The major level of public interest in this Bill is testament to how important it is to so many people and that we are dealing with extremely sensitive issues concerning people's identity and personhood. Along with Senators Marie-Louise O'Donnell, Kelleher and Warfield, I met some of the individuals affected by the legislation last night. I found their case very compelling. I want to thank them, together with Dr. Maeve O'Rourke, for putting their case to us in such great detail. While I understand the need for a balancing of rights, ultimately I share their concerns about the current proposals. We have to ensure that any system we put in place and any restrictions constructed within it are necessary and proportionate. That is a crucial test that should be applied to every proposal before us. We will have an opportunity to debate the 160 or so amendments in detail on Committee Stage.

Let me highlight a number of important points in advance of that. On a point of principle, in general we should be clear that privacy is not just about somebody's capacity to keep to him or herself or to keep his or her information unknown. It also relates to someone's capacity to know the most sensitive essential details about his or her own private life and identity.Privacy rights, in that sense, can be both positive and negative. This point has been lost somewhat in the debate so far.

Second, my reading of the current proposals is that they seem to be establishing almost two separate systems. The provisions we are debating will apply historically, but persons adopted afterthe legislation is enacted will actually be able to receive their full files when they reach adulthood. As such, it seems that we will be discriminating between persons who have been adopted before and will be adopted after the Bill is enacted, which means that there will be two very different processes used in accessing information. I would like to hear feedback from the Minister on this and whether any legal advice has been sought on the matter. It seems that if we accept, in principle, that there is a right to information, all adopted persons should be able to access that right on equal terms.

I will talk about the legal process. This is an issue we face regularly, in that crucial aspects of the legislation are the subject of competing legal advice. Proposals are being made on the basis of secret advice provided for the Cabinet by the Attorney General. While I appreciate that this advice is private, given its importance in dealing with the matter at hand, more could be done in providing summary details. If there are legal concerns, let us tease them out transparently. I urge the Minister to consider this before Committee Stage.