Rebecca Moynihan (Labour) | Oireachtas source

I move amendment No. 73:

In page 28, line 20, to delete “may” and substitute “shall”.

Amendment No. 73 seeks to replace the word "may" with the word "shall" in page 28, line 20, thereby strengthening the language in this section, which provides for the release of a statement by the relevant body to a qualifying person setting out the birth information it holds. Section 21 provides for the release of birth information relating to the relevant parent by a relevant body on application by a qualifying person. This amendment strengthens the language in the subsection by specifying that a relevant body ought to provide the qualifying person with a statement setting out the birth information contained within the records it holds on written request by the qualifying relative. The pre-legislative scrutiny report of the Joint Committee on Children, Equality, Disability, Integration and Youth recommended this change.

Amendment No. 74 would insert a new subsection providing for the relevant body to make every effort to locate the data controller holding the relevant parents' records in the event that the records are unavailable. The new subsection would provide assurance to the affected people that the State would make every effort to retrieve their personal data. We know from Tusla's data management strategy for 2019 to 2022 that historical closed paper files will not be digitised at this time due to the scale of the investment involved. In effect, that means that an unknown number of records belonging to affected people are not backed up. The Government must immediately initiate an independent review of the location, status and condition of all records held by Tusla and the relevant data controller.

Amendment No. 77 to section 22 provides for the release of early-life care or incorrect birth information relating to a relevant parent by a relevant body on application by a qualifying person. This amendment strengthens the language in the subsection by specifying that a relevant body ought to provide a qualifying person with a statement setting out the early-life care or incorrect birth information contained within the records it holds relating to the applicant on written request.

Amendment No. 135 seeks to delete the word "certain" and to insert the words "all available" when making provision for the records related to birth adoption and care of relevant persons to be transferred to the adoption authority. This amendment would mean that all available records, instead of just certain records, would be transferred to the AAI, with the intention of making all available records accessible to the applicant. This would also ensure better safeguarding of records when centralising in the one body.