Rebecca Moynihan (Labour) | Oireachtas source

I move amendment No. 84:

In page 32, line 25, to delete “may” and substitute “shall”.

This is similar to previous amendments and replaces the word "may" with "shall" in section 27, which provides for the release of a relative's birth information by a relevant body upon the application of a qualifying relative. The amendment seeks to strengthen the language in the subsection.

Amendment No. 85 creates a new subsection 27(4)(d) that provides for the release of records created or held by a data controller involved with the relevant relative's adoption, boarding out, nursing out and-or incarceration. Subsection (4) categorises the type of information accessible to the relevant relative.

Section 34 authorises Tusla and the AAI to request information from several data controllers, including a Roman Catholic Church or the Church of Ireland diocese or parish. This information can be sought only for the purpose of facilitating a trace, not to share the records with the affected people concerned, which means that church parishes and dioceses, religious orders and other religious entities have not been named as data controllers under the Bill. It is imperative that such records and data controllers be taken into consideration. Church data controllers cannot be ignored. The amendment to this section seeks to ensure the data subject will have a right of access to personal data concerning him or her that have been collected from all data controllers involved in the relevant relative's adoption.

Amendment No. 88's wording is similar, replacing "may" with "shall", and seeks to strengthen the subsection in section 28, which provides for the release of early life care or incorrect birth registration information relating to relevant relatives by a relevant body upon application by a qualifying relative. Amendment No. 90 replaces "may" with "shall" in section 30, which provides for the release of medical information relating to the relevant relative by a relevant body upon application by a qualifying relative. Each of these words should be used to teach children how to speak their "r's" correctly. The Minister has already stated he cannot accept these amendments for the reasons he outlined, but I wish to move them anyway.