Alice-Mary Higgins (Independent) | Oireachtas source

During our debate on Committee Stage, the Minister specified his concern that, if an adoption was illegal, then it was not a full adoption. Our amendment No. 2 seeks to address that concern by referring to someone who was "subject to an illegal birth registration".That addresses one of the concerns the Minister raised on Committee Stage.

The Minister will be aware that at multiple points in the legislation "incorrect" is referred to. We have not sought to amend each instance of this but to address these amendments in the most efficient way, which is by doing so within the definition of "incorrect". Previously, at every point where "incorrect" was mentioned, we sought to add "or illegal". I still think that would be a good practice but we have instead sought to specify "illegal" under the definition of "incorrect". The Minister mentioned false information and so forth sitting under the definition of "incorrect" and the idea of illegal birth registration sitting under that definition would be a similarly efficient way to achieve that necessary goal.

Amendment No. 2 puts "illegal birth registration" within the definition of "incorrect". Amendment No. 25 is another attempt to do this. I am conscious of how long and arduous this process is so these amendments have all sought to find the most efficient possible way to achieve the desired change. Amendment No. 25 simply suggests that everywhere "incorrect birth registration" is referenced in the Bill, it shall be construed to also include "illegal birth registration". That might be an efficient way in a single amendment to address a concern which the Minister will be aware that many across the House had in relation to the apology the Minister began this Bill with in this House. He spoke about the illegality that people had been subjected to. The desire of all of us in this House is that the illegality be acknowledged and we do not end up in legislation smoothing it into something like "incorrect", which does not carry the same weight or heft. These would be simple ways to ensure the commitment to acknowledging and regretting illegality reflected in the legislation by the naming of illegality in relation to all provisions which relevant persons might access under this Bill.