Alice-Mary Higgins (Independent) | Oireachtas source

There is an opportunity for the Title to better reflect the debate we have had and the nuances that have emerged over the course of that debate. I will not rehash all the points already made in respect of amendments Nos. 132 to 137, inclusive, which were grouped with other amendments, including the question of whether "incorrect" or "illegal" should be used. That was an important debating point, however, as was the discussion on whether the Bill should refer to "all available" records or "certain" records. There was also a discussion around whether the provision of certain information should be limited to situations where persons are deceased or should be more widely available.

I have another concern in regard to the Title. It relates to a topic that has been debated and on which I will be pressing more strongly on Report State. The Minister is aware of the concerns in this regard and colleagues have spoken on my behalf. There is a limitation on certain rights under this legislation to next of kin and there is, moreover, a narrow definition of next of kin. For example, if there are persons who rightly have a concern in regard to access to certain information but those persons are not considered next of kin because another person is alive, then they may not be able to access relevant information under this legislation.That is a real concern. For example, in the case of a living parent who may be considered next of kin, a sibling may not be able to access certain information under this legislation because that parent does not wish to exercise his or her next-of-kin entitlements. I think there is a real concern, and it is an excessive constraint, about persons who have the potential to be next of kin in that they are recognised as being a significantly connected relative, who may not be able to access their rights under this legislation because of another person who technically holds the status of next of kin. It is, certainly as set out in this legislation, a closed limitation. For example, a sibling may not be able to access information if one parent is alive. One parent may be deceased and a sibling alive. A cousin may not be able to access information because of a sibling who is choosing not to exercise his or her next-of-kin entitlements. It is out of spirit with the understanding of family we have in this State. It is out of spirit with the important legislation we passed, namely, the Child and Family Relationships Act. That Act recognised that there is a web rather than a hierarchy of familial relationships and that there is not simply a patriarchal tiering of rights from the head of the family down. Every child has both lateral relationships - that is, sideways relationships with siblings and others - and parental relationships. Again, the way in which next of kin is configured in this legislation is out of spirit with where we are in this State and out of touch with the kinds of provisions put forward in the Child and Family Relationships Act and the referendum on the rights of the child.