Alice-Mary Higgins (Independent) | Oireachtas source

This inserts a new subsection on circumstances in which persons have sought birth information but that information is not made available to them on request. Under the Bill, where a relevant body receives an application seeking a birth certificate but it does not hold that certificate, it would in writing and without delay inform the applicant of that fact.My amendment No. 27 would slightly expand that. One must imagine the physical experience of being written back to and told "We do not have your birth certificate". I believe it would be appropriate and constructive if when people receive the information that their birth certificate was not available “...the Authority shall, in so far as practicable, provide the relevant person with a written statement which explains the absence of information within its possession in respect of their adoption and/or illegal birth registration, and provide information to the relevant person regarding the recourse and supports available to them in locating and interpreting this information.”.

The same things happens in amendment No. 28 whereby if a person is told that the authority does not have the information then he or she would be told what to do next, and that this is not the end of the line. We discussed this on Committee Stage and I have tried to narrow it down a bit by saying "in so far as practicable" to provide written statements around the absences: was it a fire or was it that the authority never had it, for example.

The Minister rightly made the point that in some cases there will be no knowledge as to why that information is not there. This amendment suggests that where there is knowledge a written statement would be provided. The really crucial part of it is that a person would get information about the next steps available and what further recourse or supports are available. If people have gone down the route of seeking the relevant birth information from the body they believed held the information, and if they hit a wall, where do they go next? This amendment is so it is not simply "No". It is about making sure that people have that arrow. The recourse they have may simply be access to go back to whatever other birth information may exist to them in another realm, or it may simply be recourse around counselling supports. I do not know what other recourse there might be, and I have tried not to be prescriptive because I am aware that circumstances may be slightly different. I want to ensure that people do not just get a disappointing letter that tells them there is no information about them, and if they are not getting the information they would also get a letter with some arrow to supports that might be available to them. This is why I included "further recourse and supports" when dealing with the fact that there is no information about the person.

The other amendment in the grouping under discussion is amendment No. 32, which is the Minister's amendment. I had not seen these amendments. I was quite pleased with the other one. The Minister is, in fact, addressing it. That is great. Let us see. I thank the Minister for looking to this. I will let the Minister explain his amendment. I am looking at "the right of a person to make an application under Part 5". The Minister is giving two of the very specific next steps that may be available to a person. This goes some way towards the concerns I have addressed. I am delighted to see they are addressed. My apologies. I am afraid that I have only just seen the Minister's amendments now.