Seanad debates

Tuesday, 14 June 2022

Birth Information and Tracing Bill 2022: Report Stage

 

12:00 pm

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

The definition of provided items is inclusive and seeks to ensure that a broad range of items can be shared with a relevant person, including items such as letters, mementos, presents or photographs. It is central to ensuring clarity and consistency in facilitating the release of these items. It is important to note that the definition is specific that it covers items left by a genetic relative or another person involved in the provision of care of the relevant person. I am confident, having spoken to those familiar with the files, that this definition will cover all items left to the relevant person. While overwhelmingly these items will have been left by parents, there could be some from persons who cared for the child. I make that comment in relation to amendments Nos. 14 and 15.

On amendments Nos. 16 to 20, inclusive, on the relevant record, the definition of relevant record covers any record relating to the relevant person that contains birth, early life, care or medical information, or photographs. Administrative records, such as admissions and discharge registers, visitors books, baptismal and confirmation records, and any other records containing personal information on the daily life of an individual are also relevant records. Section 43 empowers the Minister to prescribe other classes of records as relevant records and bring them within the scope of the definition. There is a forward-looking element to the legislation contemplated within section 43.

The Senator is seeking to change the references in the definition from "genetic" to "or other qualifying [relative]". I cannot support that amendment, because the definition of the term "genetic relative" is expansive and inclusive. It is also clearly defined. The legislation requires a definition that is clearly defined. Following debates on Committee Stage in the Dáil and having listened to Deputies there, I brought an amendment to the definition, clarifying that any image of the relevant person, their parents or genetic relatives is to be safeguarded. At that point the definition was revisited. I am happy that the definition is fully encompassing and I do not believe that it needs to be amended further.

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