Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I might be able to provide the clarity the Senator wants. In the case of section 45 of the Act of 2004, I am aware that amendments also relate to a concern that an unintended consequence could arise if the amendment precluded the Minister from also transferring the archive to a tribunal, where requested. In this regard we have checked with Parliamentary Counsel and I am satisfied that this unintended consequence does not arise. Section 45 of the Act of 2004 continues to stand in relation to the requirement for the Minister to provide the archive to a tribunal. Section 4 of this Bill does not set that aside but rather supplements it by providing that, in the case of the database and related records, Tusla has the equivalent obligation to provide such material to a tribunal on request.