Seanad debates

Wednesday, 1 June 2022

Birth Information and Tracing Bill 2022: Committee Stage (Resumed)

 

10:30 am

Photo of Victor BoyhanVictor Boyhan (Independent) | Oireachtas source

I do not say I am disappointed because it is beyond disappointment for me at this stage. However, I do think it needs to happen and it should happen. The Minister started off mentioning trust, and that is very important but, sadly, many of these people have had a long drawn out experience of trying to ascertain information. They are not trusting too many people at this point and there have been many promises.

The Minister said there is no need for an appeals process. If people have issues with this process, however, to whom do they appeal? If people genuinely have issues, to whom do they appeal? It is always important we have some sort of a third party appeal or recourse to petition - call it what you like. The Minister said there will be complaints, so he acknowledges there will be complaints. He has acknowledged that in his reply to me. There may be complaints about the procedure. Where will those people go to? The legislation is before us and problems emerge with all legislation. For someone who has a difficulty with this legislation when it is enacted, where is his or her port of call? Whom can that person go to? It is simple. The amendment is asking the Minister to create an appeals process. Clearly, he does not want to have an appeals process. That is what I am picking up, but I am open to correction.

The Minister has acknowledged there will be complaints, yet he does not want to put a complaints procedure in place or he is not proposing some mechanism of a complaints procedure that will take into account the concerns about compliance problems arising as a result of the limited definitions. There may be issues of concern, so where can people go with them? I am conscious we do not shut the door and say this is it, and if people's requirements do not fit into it or they have an issue, they have nowhere to go. Where do people go to complain? Many of those involved in this already feel disempowered from processes anyway. Therefore, I do not think my amendment is unreasonable. I take on board what the Minister said about section 70 and laying the report before the Houses of the Oireachtas.

Where does the Minister envisage a situation where people have a complaint about the procedures? What is their recourse? Whom do they go to? Who will listen to them? Who will be empowered in legislation to follow up on their concerns?

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