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

I hope to address the concerns the Senator raised, although I cannot support this amendment. The decision to specify that the application for the tracing service should be made to Tusla was taken after careful consideration of how the application process for the various services provided under this legislation would work, particularly in respect of the user experience and ease of application. I am also mindful of the resources, systems and existing expertise Tusla has in terms of providing tracing services to individuals. It would be beneficial, therefore, to future applicants that applications be directed to Tusla initially.

The intention of the amendment is to add the ability to apply to the authority for tracing services. The authority will be able to provide tracing services under this section. However, it is not intended that the authority would receive the direct application for the tracing service. Applications for tracing services will go to Tusla and much of that tracing will be undertaken there, but if it is judged that it would be more appropriate for the AAI to undertake a trace, for example, where the majority of files on a particular institution were held by the AAI, it may be decided that the AAI would undertake the trace. Tusla will lead on tracing but the AAI will not be shut out. Rather, the AAI will be asked to trace in circumstances where it is relevant.

I will point out a contrary factor. The national contact preference register being created under this legislation will be held by the AAI, and Tusla will apply to the authority. Different functions under the legislation are being led by different bodies - the agency and the authority - in recognition of where the primary skill sets exist at the moment.