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

Regarding Senator Higgins’s query on the phrase "all relevant records", the manner in which the application form for information will be designed will be clear on the fact that a person seeking information under the legislation may choose certain types of information. We must recognise that some adopted people may wish to do this. It will be as clear as a box that reads, "For all records, tick here". We will make it as easy as possible. While I understand what Senator Higgins is asking for, her amendment is not necessary. We want to make this process as simple and clear as possible while also respecting the agency of individuals who may wish to pick and choose types of information. I suspect, and I am sure the Senator does as well, that the majority will wish to choose all of the information. That will be as clear as possible on the application form.

Regarding section 32, I am not fully clear about what the Senator wishes to achieve in terms of an investigation. If illegality has taken place, there are mechanisms for that to be investigated by An Garda Síochána. I am not sure how the Senator’s amendment, which would place the obligation for a large-scale investigation on Tusla when the answer could be that, for example, a fire at a particular agency had destroyed the records, would advance the process. The obligation would be on Tusla, not recalling that Tusla’s job in this context is to try to provide information to people where that information exists.

On Senator Hoey’s question, the idea of using a registered letter approach was specifically canvassed during our engagements with the Office of the Attorney General and advisory counsel. It was advised that the information phone call was the best way of securing and protecting the privacy rights involved. A great deal of consideration has gone into this. I have heard people’s concerns, which is why there have been significant changes to the information phone call, but the advice that I have received is that this is what is necessary to achieve the constitutional balance that ensures that this legislation is not deemed unconstitutional, which would undermine all that we are seeking to achieve.