Holly Cairns (Cork South West, Social Democrats)
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520. To ask the Minister for Children, Equality, Disability, Integration and Youth if, during Dáil Committee Stage debate on the Birth Information and Tracing Bill 2022, he asserted that Section 11(2)(b) of the Birth Information and Tracing Act 2022 would ensure provision to applicants of the equivalent of a GDPR schedule (details supplied); if he will direct the relevant State bodies to provide a schedule of records held to every applicant under the Act; and if he will make a statement on the matter. [15241/23]

Roderic O'Gorman (Dublin West, Green Party)
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Section 11(2)(b), and other similar sections of the Birth Information and Tracing Act provide that when information is being released, a relevant body "may provide the applicant with a statement setting out the ... information contained in the records that it holds"

During the Dáil debates on the legislation, when the matter of providing a schedule was proposed in amendments, I stated my belief that the provision of a statement, rather than simply a schedule, would provide important context to the documents being released, and form part of a supportive approach which aims to help applicants understand what is being provided to them. I did not assert that applicants would be provided with a schedule of records.

As stipulated in the published guidelines, the statement as provided for in the Act, should include information which would help the applicant understand the records presented to them, in accordance with the principle of a supportive approach. The statement should also highlight upfront anything which may be beneficial for the applicant to be aware of in advance. This could include, for example, the use of language on historical records which would be considered insensitive or offensive today. I am happy that both Tusla and the Adoption Authority of Ireland are engaging in a supportive manner in this regard.

If requested, the Agency or the Authority can also provide additional support and guidance to the person in the interpretation of the records.