Alice-Mary Higgins (Independent) | Oireachtas source

Amendment No. 14 deletes the provision that in the definition of a provided item, that an item, including a letter, photograph, memento, document or object held by a relevant person that was provided, whether to the agency, authority or any other person, may be provided to a person who only falls within the definition if it is from a parent or genetic relative. Specifically by deletion of the word "genetic", the items we talked about – the letter, photograph, memento or other object that may be of great sentimental importance - from non-genetic relatives would be included under this Act.

I know there is a reason for genetic relatives being specified by the Act in terms of medical information, for example, because that is very relevant, but there has been an extension of the use of the term into areas whereby there would not be scope for any relative, be it a relative by marriage, adoption or otherwise, who having given a person mementos, letters, photographs or other documents, to have them shared with a relevant person. That is the intention of amendment No. 14.

Amendment No. 15 is another way of coming at the same issue. I do not believe there is any bad intent in these aspects of the Bill, however, I think that it is more that a framing of "genetic relative" is being overextended.I have suggested the addition of the phrase "or other qualifying" relative be part of the definition of provided items. We could delete the word "genetic" or add in the phrase "or other qualifying" relative".

Amendment No. 16 seeks to amend the definition of "relevant record" by deleting the provision that a relevant record "relating to a relevant person that contains birth information, early life information, care information or medical information" and so forth, including photographs or other images of his mother, father or genetic relatives should apply only to genetic relatives. I am suggesting that this provision should apply to all relatives. We had extensive discussion on the issue of the use of the term "genetic relative" as opposed to other relatives in this Bill on Committee Stage. As the genetic information is the relevant part, at the time I urged that wherever possible and where medical information is not concerned, we endeavour to be as close as possible to the spirit of the Children and Family Relationship Act 2015. The Children and Family Relationship Act is a seminal legislation which recognised that children have multiple relationships, and that the definition of family can be very wide. It recognises all the forms of relationship that a child might have. In respect of the cases relating to this Bill, we are talking about people who were children but are now adults. I have sought to expand the framing of the term "genetic relative" where I believe the narrow definition does not need to be there and in order to be more in the progressive spirit of the 2015 Act.

Amendment No.17 follows the approach that I outlined in respect of amendment No. 14. Instead of deleting the requirement for the relative to be a genetic relative, I am seeking to add the phrase "or other qualifying" relative. Amendment No. 18 seeks to amend the definition of a relevant record relating to communications from relatives by deleting the provision that it only applies to genetic relatives. I am seeking to broaden it in order that it applies to all relatives. Again, there may be cases where a non-genetic relative has communicated with a person in an institution or has exercised care in relation to a person in an institution. In discussions with Senator Boyhan and others, examples were cited such that of an aunt by marriage, who is not a genetic relative, taking interest in and engaging with a child. Amendment No. 19 seeks to do the same thing, namely, to add "or other qualifying" relative. Amendment No. 20 seeks to amend the definition of relevant record relating to communications from relatives by deleting the provision that it only applies to genetic relatives and to broaden it. Similarly, amendment No. 21 is an alternative to that. I had sought to remove the references to "genetic relative" in general as being narrow in how it was framed. The Minister made the case well and quite strongly on Committee Stage that, for example, in relation to medical information, it was very relevant. I have tried to go through those parts of the Bill where the phrase "genetic relative" is used as a frame. Where I think it is not necessary to confine something, I have proposed amendments. These amendments are all related to those other strands of the relationship, including the communications, relevant records and provided items, that are not tied to physical genetic information. I have sought to expand the definition in those cases. I acknowledge that there are cases in which the genetic relative limitation is an appropriate one but I believe that wherever possible, we should go for the more expansive understanding of relative. I hope the Minister can take on board these proposals.