Seanad debates

Wednesday, 18 May 2022

Birth Information and Tracing Bill 2022: Committee Stage

 

10:30 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I thank the Minister. I am glad. I recognise the change on Report Stage in the Dáil that relates to amendments Nos. 1 and 2. In light of that, I am going to consider the legislation again to determine whether I feel it satisfies what I am seeking to achieve in amendments Nos. 1 and 2. I believe it may. In that context, I will not press the amendments but reserve the right to reintroduce them. However, I would appreciate it if the Minister offered clarity on amendments Nos. 3 and 4. I accept his point that, technically, a person who was illegally registered is not adopted per se. The illegality makes the adoption incorrect but there is a genuine concern. I would like the Minister to elaborate on how he captures incorrect adoptions and illegal birth registrations and why he is confident the Bill will cover affected persons. Is it through the phrase "relevant person"? I would like clarity on how exactly I can be assured the various provisions and entitlements in the Bill will apply to an affected person.

Regarding the Minister's suggestion that the definition of "relevant person" does not just include an adopted person but also a person who has reasonable grounds in the scenario described, the problem concerns the reference "incorrectly adopted". The Minister will be aware that we are trying to clarify the difference between incorrect and illegal through amendment. I am trying to capture those who have been subject to illegal birth registration. Could the Minister elaborate a little more on that? I may be happy to withdraw the amendments on the matter also.

My amendments relate specifically to persons who were illegally adopted. I realise the Minister is saying that because the process was illegal, there was not an adoption. Nonetheless, many persons, especially those abroad, may have been considered as having been adopted and may have exercised rights in that regard. They may have been treated by their new state as having been adopted. I am aware that there are provisions to try to get at this, which we will consider later, and that it is a little messy, but I just want to be clear that people are covered.

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