Seanad debates

Tuesday, 14 June 2022

Birth Information and Tracing Bill 2022: Report Stage

 

12:00 pm

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I recognise that the definition was somewhat expanded following the Dáil debate. I do not know that I share the confidence of the Minister's assertion. A person involved in caring for a relevant person and a person involved in the provision of care of a relevant person are quite different. Using the example I referenced earlier of the aunt by marriage, who may not be involved in the provision of care, but who cares for the relevant person. It is a slightly different thing. They are small nuances, but it is not quite the same thing. However, on the definition of relevant records, I take comfort from the fact that the Minister has provided that the definition can be further expanded in the future. I know that I seem to be looking to worst-case scenario in each interpretation, but that is because people have experienced the worst, the narrowest and the most obstructive and obtuse interpretations on their journeys to accessing information. While there is now discussion of a sea change, a change in attitude and so forth, we nonetheless must acknowledge that the experience that people have had is getting the minimum. That is why, with every amendment, I am proposing to try to expand definitions. It is because we want to ensure that people are armed with legislation that enables them to access information, rather than them having to rely on goodwill and on a positive and expansive interpretation of the legislation by whatever individual they may be engaging with. As I said, I am not fully convinced on the issue of a person who has cared for a relevant person and a person who has been involved in the care of a relevant person. However, I note the Minister's point on the provision for the potential expansion of the definition of relevant records. I ask the Minister to indicate if that is something he will be monitoring.Does the Minister plan to come back on that question? Does he intend to review and watch for any patterns of obstruction that may arise where persons are not getting things? It is sometimes hard to know what one is not getting. Does the Minister have that scope?

Will relevant records cover an expansion, if it were needed, with regard to mementos and objects if we take a narrower interpretation of the provision of care or caring for? Does the Minister have enough power through supplementary powers to address that issue? That would reassure me to an extent.

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