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

I certainly think it helps and gives clarity in that circumstance of illegal birth registration.

In terms of the release of the name, this is something on which I and the team in my Department have engaged extensively with the Office of the Parliamentary Counsel.It is something that has been raised at other stages of the debate on this legislation. We are talking about a balancing test that needs to be applied to the release of other people's names to an individual. The legislation provides that parents' names will always be released to individuals. That is essential for their understanding of their identity. With this legislation we are seeking to vindicate an individual's right to their identity. It is impossible for someone to know their identity without knowing the name of their mother and father. It is not impossible for them to know their identity when they do not know the name of a sibling. That sibling or cousin may have visited many times, as Senator Higgins outlined, but for whatever reason they may not wish their name to be provided to the person involved at this stage in the process. That is a balance. Particularly where families have been separated, there needs to be consent on both sides in order for a family reconciliation or some coming together of a family to take place.

This provision gives the relevant person the information that they have a sibling or a cousin. It gives them the information that that person visited them. Other provisions of this legislation provide a mechanism whereby if there is agreement on both sides, names can be shared, information can be shared or contact can be maintained. However, to vindicate the identity rights of the relevant person it is not essential that the name of someone other than their mother or father is provided to them. We have gone back and forth with the Office of the Parliamentary Counsel on a number of occasions to ascertain how far we could push this. We have been told that the existence of another relative and the nature of that relationship can be provided but the name cannot. However, we have a mechanism through tracing where, with consent, a name can be shared and contact potentially established.