Lynn Boylan (Sinn Fein) | Oireachtas source

I also want to speak to the amendment to delete section 2 in its entirety. Senator Ó Donnghaile cannot be here because he is self-isolating, but he would like to speak on this Bill which is incredibly important to him.

Having listened to the Minister, I welcome that he is taking on board some of the concerns that Members of this House have raised with him, but once again I point to the process. Senator McDowell is completely right. If the Minister is to introduce an amendment dealing with the commission consulting those who want their details anonymised and those who do not, we do not have time to bring it back through the two Houses and for the commission to do that appropriately. I hope it is not a box-ticking exercise to try to get the Bill through the House and that it is a genuine measure on his part.

On our reasons for wanting to delete section 2, I was heartened that the Minister said it was all about agency. Senator Ruane stressed the importance of asking people what they want. That is why I do not understand the Minister's decision to send this database to Tusla. The collaborative forum of former residents of mother and baby homes that was established specifically to advise the Government has repeatedly stated that Tusla should have no further role in adoption information and tracing. Therefore, we are ignoring the former residents of the mother and baby homes. It is also the overwhelming view of survivors, their families, their legal representatives and the advocate groups that Tusla is not the appropriate controller of these records.

Even those who were not associated with mother and baby homes will speak of their experience of dealing with Tusla. Tusla regularly cites unverified information that somehow those who will get their information will go and track down their natural parents when there is no evidence that that happens. Tusla puts them through the ringer in assessing whether they should get their information. Why is the Minister ignoring the views of the survivors, the collaborative forum and the legal representatives in pursuing Tusla as the body to hold on to this database?

I welcome that the Minister is considering keeping the archive in its entirety. That is essential. I echo what Senator Higgins said about him depriving Members of the Dáil of an opportunity to proposing their version of how that should look. Historians and others will say that it is best practice to keep an archive in its entirety and not to break it up. I hope the Minister will introduce an amendment to do that and that the archive will be kept in one place with him. We do not believe these files should go to Tusla and we would like to hear his justification for that. The entire archive could rest with the Minister and he can develop legislation to cover how it is accessed.